Lloyd's Maritime Law Newsletter

Practice – Anti-suit injunction – Cargo owners alleging cargo damage and bringing proceedings against carrier in Vietnam – Whether proceedings brought in breach of arbitration clause in sub-charter – Whether carrier’s application for anti-suit injunction made promptly – Whether strong reasons not to grant injunction

Conflict of laws – Jurisdiction – Charterparty containing exclusive English jurisdiction clause – Owners claiming balance of hire and arresting different vessel in Gibraltar as security – Owners subsequently bringing substantive proceedings in England – Charterers counterclaiming damages for wrongful arrest – Whether tort claims fell within jurisdiction clause – Whether lis alibi pendens – Whether actions related – Whether English court should decline jurisdiction over tort counterclaim – Brussels Convention 1968, articles 17, 21 and 22

Admiralty – Limitation of liability – Defendant’s vessel sinking after collision with plaintiff’s vessel – Defendant incurring expenses in removing pollutants from wreck – Plaintiff admitting full liability for collision – Whether plaintiff entitled to limit liability in respect of wreck removal expenses

Admiralty practice – Collision action – Claimant obtaining default judgment in rem – Insurers refusing to comply with letter of undertaking on basis that LOU only responded to in personam judgment – Claimant bringing separate in personam proceedings against owners and insurers – Claimant obtaining default judgment in in personam proceedings – Whether default judgment should be set aside