Western Bulk Shipowning III A/S v Carbofer Maritime Trading ApS and Ors (The “Western Moscow”) – QBD (Com Ct)(Christopher Clarke J) – 11 May 2012

Practice – Freezing injunction – Owners having lien on all hire and sub-hire for any amounts due under time charter – Whether owners entitled to lien over sums due to sub-charterers from sub-sub-charterers – Nature of lien – Whether court had jurisdiction where seat of arbitration outside England – Whether risk of dissipation of assets – Whether injunction should be discharged

The claimant owners chartered the vessel Western Moscow to the first defendant charterers (“CMT”) on an amended NYPE form. The lien clause contained an amended version of clause 18 of the NYPE 1946 form and provided: