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Ulusoy Denizilik AS v COFCO Global Harvest (Zhangjiagang) Trading Co Ltd (The “Ulusoy-11”) – QBD (Comm Ct) (Bryan J) [2021] EWHC 3645 (Comm) – 28 August 2020
Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Applicable law governing issue of incorporation – Identity of governing charterparty – Whether Law and Arbitration Clause incorporated into bills of lading – Bill of lading holders bringing cargo claim in China – Whether breach of London arbitration clause – Whether owners entitled to anti-suit injunction
Online Published Date:
12 February 2021
Appeared in issue:
1075 - 12 February 2021
Noble Chartering Inc v Priminds Shipping (HK) Co Ltd (The “Tai Prize”) – Court of Appeal (Bean, Males and Rose LJJ) [2021] EWCA Civ 87 – 28 January 2021
Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding head owner liable to receivers – Disponent owners settling with head owner – Disponent owners claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify disponent owners
Online Published Date:
12 February 2021
Appeared in issue:
1075 - 12 February 2021
London Arbitration 5/21
Charterparty – Bunkers on delivery – Time charterers disputing quantity of low-sulphur MGO stated to be on board vessel at time of delivery
Online Published Date:
12 February 2021
Appeared in issue:
1075 - 12 February 2021
P&O Princess Cruises International Ltd v The Demise Charterers of the Vessel “Columbus” – QBD (Admlty Ct) (Mr Admiralty Registrar Davison) [2021] EWHC 113 (Admlty) – 26 January 2021
Admiralty – Port dues – Cruise vessels laid up at Port of Tilbury following suspension of cruise operations caused by Covid-19 pandemic – Port agreeing preferential lay-up rate – Port subsequently stating that rates were to be as per Port’s published tariff – Very significant difference between agreed rate and tariff rate – Whether Port entitled to increase rate to tariff rate
Online Published Date:
12 February 2021
Appeared in issue:
1075 - 12 February 2021