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Lloyd's Maritime Law Newsletter

MV Yu Long Shan: Drybulk SA v. MV Yu Long Shan 1998 (1) SALR 646 - Supreme Court of Appeal (Smalberger, Eksteen, Nienaber and Marais JJA and Van Coller AJA) - 29 September 1997

Plaintiff obtaining arbitration award for damages arising under time charter - Cause of action under time charter arising in 1991 - Arbitration award made in 1994 - Whether plaintiff entitled to rely on 1992 amendment of section 3(7) of Admiralty Jurisdiction Regulation Act 105 of 1983 so as to arrest an associated ship

The vessel Fei Xia Shan was sub-time chartered by disponent owners to the plaintiff. The vessel should have been delivered to the plaintiff by 20 September 1991 but the plaintiff refused to accept delivery because the vessel did not conform to the provisions of the charterparty. The plaintiff successfully brought arbitration proceedings in London claiming damages from the disponent owners. The final award in the plaintiff’s favour was made on 10 June 1994.

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