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Lloyd's Maritime Law Newsletter RSS feed

The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain (The "Prestige") (No 3) – QBD (Comm Ct) (Henshaw J) [2020] EWHC 1582 (Comm) – 18 June 2020

Online Published Date : 03 July 2020 | Appeared in issue: 1059 - 03 July 2020

Arbitration – Jurisdiction – State immunity – Whether Kingdom of Spain immune from arbitration claims on ground of state immunity – Whether court lacked jurisdiction to appoint an arbitrator – State Immunity Act 1978 – Arbitration Act 1996, section 18

Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Co Ltd – QBD (Comm Ct) (Robin Knowles J) [2020] EWHC 803 (Comm) – 3 April 2020

Online Published Date : 03 July 2020 | Appeared in issue: 1059 - 03 July 2020

Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor’s liability dependent upon time of commencement of arbitration relating to underlying dispute

FIMBank plc v KCH Shipping Co Ltd (The “Giant Ace”) – QBD (Comm Ct) (Cockerill J) [2020] EWHC 1765 (Comm) – 3 July 2020

Online Published Date : 17 July 2020 | Appeared in issue: 1060 - 17 July 2020

Arbitration – Application for extension of time to commence arbitration – Claimant bank alleging misdelivery of cargo without production of bills of lading – Bills of lading incorporating one-year Hague Rules time bar – Claimant commencing timeous arbitration against registered owners – Claimant’s lawyers subsequently ascertaining that carrier was not registered owner but was a demise charterer – Whether claimant entitled to extension of time to bring arbitration against demise charterer – Arbitration Act 1996, section 12(3)(a) and (b)

Jiangsu Guoxin Corporation Ltd v Precious Shipping Public Co Ltd – QBD (Comm Ct) (Butcher J) [2020] EWHC 1030 (Comm) – 30 April 2020

Online Published Date : 17 July 2020 | Appeared in issue: 1060 - 17 July 2020

Contract – Shipbuilding contract – Buyer cancelling contracts on ground of excessive delay by shipbuilder in delivering two of a series of 14 vessels – Seller not operating any contractual machinery for extending delivery dates – Seller contending that delay was caused by buyer’s wrongful rejection of earlier vessels – Whether seller entitled to extend delivery dates – Whether “prevention principle” applied

National Bank of Fujairah (Dubai Branch) v Times Trading Corporation (The “Archagelos Gabriel”) (No 2) – QBD (Comm Ct) (Foxton J) [2020] EWHC 1983 (Comm) – 23 July 2020

Online Published Date : 31 July 2020 | Appeared in issue: 1061 - 31 July 2020

Arbitration – Application for extension of time to commence arbitration – Bill of lading holder bringing arbitration against wrong party because unaware of existence of bareboat charter – Whether court had jurisdiction to extend time to bring arbitration against bareboat charterer – Whether extension should be granted

Raj Shipping Agencies v Barge Madhwa and Another – High Ct (Admlty and Vice Admlty Jurisdiction) (K R Shriram J) – 19 May 2020

Online Published Date : 31 July 2020 | Appeared in issue: 1061 - 31 July 2020

Admiralty Practice – Plaintiffs bringing admiralty suits in rem against various vessels – Owning companies subsequently wound up by order of court or subject to insolvency moratorium – Whether admiralty plaintiffs required leave of court to continue proceedings – Effect of moratorium

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain (The “Prestige”) (No 4) – QBD (Comm Ct) (Butcher J) [2020] EWHC 1920 (Comm) – 24 July 2020

Online Published Date : 31 July 2020 | Appeared in issue: 1061 - 31 July 2020

Conflict of laws – Jurisdiction – State immunity – P&I Club bringing actions against Spain and France to enforce arbitration awards and English judgments – Whether states entitled to immunity – Whether court had jurisdiction

Hai Jiang 1401 Pte Ltd v Singapore Technologies Marine Ltd (The “Seven Champion”) – High Ct (Quentin Loh J) – 24 January 2020

Online Published Date : 31 July 2020 | Appeared in issue: 1061 - 31 July 2020

Practice – Anti-suit injunction – Defendant bringing court proceedings against plaintiff in Sharjah for breach of contract notwithstanding that contract contained Singapore arbitration clause – Plaintiff claiming to be assignee of relevant contract – Whether plaintiff entitled to anti-suit injunction