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Lloyd's Maritime Law Newsletter RSS feed

Helice Leasing SAS v PT Garuda Indonesia (Persero) TbK – QBD (Comm Ct) (Calver J) [2021] EWHC 99 (Comm) – 20 January 2021

Online Published Date : 12 March 2021 | Appeared in issue: 1077 - 12 March 2021

Arbitration – Stay of proceedings – Claimant bringing action to recover unpaid rent under aircraft lease – Defendant admitting claim but refusing to pay – Lease containing arbitration clause giving claimant option to bring “court action” – Whether claimant had unilateral option to litigate in court – Whether a “dispute” existed – Whether court action should be stayed in favour of arbitration – Arbitration Act 1996, section 9

London Arbitration 7/21

Online Published Date : 12 March 2021 | Appeared in issue: 1077 - 12 March 2021

Charterparty – Deadfreight – Owners having option to load between 27,000 and 33,000 mt of coal cargo – Owners exercising option to load 33,000 mt – Maximum draft at loading berth preventing owners from loading full quantity of cargo – Whether charterers liable for deadfreight

London Arbitration 8/21

Online Published Date : 12 March 2021 | Appeared in issue: 1077 - 12 March 2021

Demurrage – Charterers failing to pay demurrage invoice – Owners subsequently invoicing charterers for reduced amount – Charterers still failing to pay – Owners bringing arbitration proceedings to recover full amount – Whether owners restricted to recovering reduced sum claimed in second invoice – Whether implied term that reduced amount would be accepted in exchange for prompt payment

Nautica Marine Ltd v Trafigura Trading LLC (The “Leonidas”) – QBD (Comm Ct) (Foxton J) [2020] EWHC 1986 (Comm) – 28 July 2020

Online Published Date : 12 March 2021 | Appeared in issue: 1077 - 12 March 2021

Charterparty – Consensus ad idem – Preliminary recap setting out terms of fixture “subject to suppliers’ approval” – Whether “subject” was pre-condition or performance condition – Whether parties concluded fixture – Whether owners entitled to damages for breach of charter

The “Caraka Jaya Niaga III-11” – High Ct (S Mohan JC) [2021] SGHC 43 – 22 February 2021

Online Published Date : 26 March 2021 | Appeared in issue: 1078 - 26 March 2021

Admiralty – Collision action – Plaintiffs bringing claim against defendant vessel – Defendant bringing cross-claim against plaintiffs’ vessel – Defendant’s claim time-barred – Parties agreeing to apportion liability 40 per cent to plaintiffs and 60 per cent to defendant – Whether defendant entitled to rely on single liability principle in diminution of plaintiffs’ claim

Specialised Vessel Services Ltd v MOP Marine Nigeria Ltd (The “SVS Cochrane”) – QBD (Comm Ct) (Calver J) [2021] EWHC 333 (Comm) – 18 February 2021

Online Published Date : 26 March 2021 | Appeared in issue: 1078 - 26 March 2021

Practice – Anti-suit injunction – Shipowners applying for anti-suit injunction restraining continuance of Nigerian proceedings brought by charterers in breach of London arbitration clause in charterparty – Whether injunction should be refused on grounds of delay

London Arbitration 11/21

Online Published Date : 26 March 2021 | Appeared in issue: 1078 - 26 March 2021

Contract – Claim for price of bunkers – Bunkers supplied to various vessels at request of management company – Whether requests made on behalf of shipowner – Whether shipowner liable for price of bunkers