Lloyd's Maritime Law Newsletter

Arbitration – Anti-suit injunction – Direct action against insurers by third-party state – Whether third-party state bound by arbitration clause – Whether anti-suit injunction could be granted against a state – State Immunity Act 1978, sections 1, 9 and 13 – European Convention on Human Rights, article 6

Charterparty – Off-hire – Vessel quarantined by health authority at delivery port after one crew member tested positive for Covid-19 – Whether owners could rely on clause making charterers liable for time lost to procedures imposed by authorities to combat avian influenza or similar – Whether charterers could rely on an exception for procedures arising solely as a consequence of crew’s history prior to delivery

Bareboat charterparty – Event of Default – Owners repossessing vessel – Whether owners were required to serve notice of default before repossessing vessel – Whether loss of charterers’ right to purchase vessel following Event of Default was a penalty – Relief from forfeiture – US sanctions

Contracts – Supply of bunkers – Unpaid invoice – Maritime lien under US law – Whether bareboat and time charterers jointly and severally liable – Whether registered owners could be joined to arbitral proceedings – Fraudulent letter produced by hacking of emails

Arbitration – LMAA Terms – Response to arbitration notice – Whether arbitrator validly appointed – Legal nature of relationship between arbitrator and appointing party