Lloyd's Maritime Law Newsletter

Conflict of laws – Representative proceedings – Cruise ship affected by outbreak of Covid-19 – Proceedings brought on behalf of US and UK passengers – Cruise ship operators applying for stay of proceedings in reliance on exclusive jurisdiction and class action waiver clauses in terms and conditions – Whether clauses incorporated into passage contracts – Whether Australia clearly inappropriate forum – Whether stay should be granted

Charterparty – Nomination of discharge port – Charterers nominating discharge port but subsequently nominating different port – Whether subsequent nomination breach of charter – Vessel proceeding to subsequently nominated port – Whether owners entitled to freight for carriage to originally nominated port – Whether charter varied – Estoppel – Waiver – Unjust enrichment