Lloyd's Maritime Law Newsletter

Charterparty – Damages – Disponent owners terminating long-term time charter for charterers’ failure to pay hire – Head owners terminating head charter and withdrawing vessel for failure to pay hire – Whether charterers entitled to avoid paying damages on basis that withdrawal of vessel prevented further performance by disponent owners – Measure of damages

Charterparty – Failure to pay hire punctually – Owners terminating charter – Whether termination lawful – Whether charterers in repudiatory breach – Whether renunciation by charterers – Whether owners waived or affirmed breach

Practice – Evidence – Without prejudice privilege – Whether evidence of negotiations admissible on issue of whether charterers in renunciatory breach of charter – Whether genuine “dispute”

Charterparty – NYPE Inter-Club Agreement – Cargo damage – Shipowners incurring costs in defending proceedings brought by cargo receivers in foreign court – Whether shipowners entitled to indemnity from charterers

Charterparty – NYPE Inter-Club Agreement 1996 – Clause 8(d) – Whether “act” requires fault

Contract – Shipbuilding contract – Builder guaranteeing defects for period of 12 months after delivery – Contract excluding liability for consequential losses – Vessel suffering serious engine failure – Whether buyer entitled to recover for diminution in value of vessel

Arbitration – Jurisdiction – Whether tribunal properly constituted - Agency – Whether notice of arbitration validly served -Actual and ostensible authority - Ratification