Lloyd's Maritime Law Newsletter
Hawknet Ltd v Overseas Shipping Agencies and Ors – US Court of Appeals (2nd Circuit)(Winter, Cabranes and Hall Ct JJ) – 22 December 2009
Admiralty jurisdiction – Attachment of electronic funds - Whether decision in Shipping Corporation of India v Jaldhi Overseas retroactive
In
Shipping Corporation of India v Jaldhi Overseas Pte Ltd (2009) 782 LMLN 1 the Court of Appeals held that an electronics funds transfer was not property attachable under a maritime
attachment order in the district courts of New York pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime
Claims. The issue in the present case was whether the rule announced in the
Shipping Corporation of India case applied retroactively.