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London Arbitration 8/15
Charterparty
– Stevedore damage – Cargo of logs – Vessel sustaining damage from cargo during
loading and discharging operations – Whether charterers entitled to rely on
clause requiring master to notify charterers of damage within 24 hours
Online Published Date:
27 May 2015
Appeared in issue:
926 - 27 May 2015
Seaglance Maritime v Casillo Commodities Italia SpA (The “Proikonissos”) – QBD (Comm Ct) (Popplewell J) [2015] EWHC 1369 (Comm) – 23 January 2015
Charterparty
– Cargo of milling wheat found to be contaminated with soya bean meal on
discharge – Owners, charterers and cargo receivers concluding tripartite
agreement – Clause 4(b) of tripartite settlement agreement providing for
specified consequences in event of a finding by “an English Arbitration
tribunal” that owners were not liable for the contamination – Whether clause
4(b) capable of being triggered by finding made in arbitration reference to
which charterers were not a party
Online Published Date:
27 May 2015
Appeared in issue:
926 - 27 May 2015
The London Steam Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and Another (The “Prestige”) (No 2) – Court of Appeal (Moore-Bick, Patten and Tomlinson LJJ) [2015] EWCA Civ 333 – 1 April 2015
Arbitration
– Award – Enforcement – P&I Club seeking to enforce arbitration awards for
negative declaratory relief against Spain and France following loss of oil
tanker Prestige – Whether defendants
entitled to rely on state immunity
Online Published Date:
27 May 2015
Appeared in issue:
926 - 27 May 2015
Fiona Trust & Holding Corporation and Others v Privalov and Others – QBD (Comm Ct) (Andrew Smith J) [2015] EWHC 527 (Comm) – 5 March 2015
Practice
– Slip rule – Court giving judgment and inviting parties to agree Order –
Counsel agreeing terms of draft Order – Court perfecting Order in terms agreed –
Whether court precluded from correcting or clarifying Order under slip rule –
Whether court should exercise inherent jurisdiction to clarify order
Online Published Date:
27 May 2015
Appeared in issue:
926 - 27 May 2015