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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