Tryggingarfelagio Foroyar P/F v CPT Empresas Maritimas SA (The "Athena") - QBD (Admlty Ct)(David Steel J) - 16 March 2011

(2011) 819 LMLN 3

Conflict of laws - Jurisdiction - Trawler catching fire off Chilean coast -'Shipowners contracting with Chilean salvors for provision of fire-fighting services - Whether contract incorporated BIMCO Wreckhire form

On 4 July 2007 a fire broke out on the factory trawler Athena off the coast of Chile. The vessel thereafter proceeded under her own power towards Talcahuano. Following negotiations between agents acting on behalf of the shipowners and agents acting on behalf of the defendant, a Chilean towage and salvage company, agreement was reached for the defendant to provide salvage type services at daily rates. There was a dispute as to the timing and the terms of the agreement.