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Lloyd's Maritime Law Newsletter

Gidrxslme Shipping Co Ltd v Tantomar Transporters Maritimos Ltda (The “Naftilos”) - QBD (Com Ct)(Colman J) - 11 May 1994

Mareva injunction confined to assets within the jurisdiction - Whether Court has jurisdiction to order disclosure of assets outside the jurisdiction

Various disputes arose between the owners and the Portuguese time-charterers of the vessel Naftilos. The disputes were referred to arbitration in London. By an interim award dated 24 February 1994 (the first award) the arbitrator awarded that the charterers should pay to the owners $284,392 together with interest and costs in respect of unpaid charter hire. There was then another arbitration as a result of which, on 18 April 1984, the arbitrator issued a further interim final award (the second award) in which he awarded that the charterers should pay the owners $72,957 in respect of more unpaid hire together with interest and costs. In the meantime, on 2 March 1994, the owners had withdrawn the vessel for non-payment of another instalment of hire. They started a third arbitration in which they claimed $253,396 on their hire statement and damages for wrongful repudiation of the time charter. The total claim was over $600,000.

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