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Polaris Shipping Co Ltd v Sinoriches Enterprises Co Ltd (The “Ocean Virgo”) – QBD (Comm Ct) (Teare J) [2015] EWHC 3405 (Comm) – 27 November 2015
Charterparty
– Speed and consumption warranty – Good weather periods – Whether 24
consecutive hours running from noon to noon – Whether charterers had proved
breach of performance warranty
Online Published Date:
14 December 2015
Appeared in issue:
940 - 10 December 2015
The “Chem Orchid” – Singapore High Ct (Steven Chong J) [2015] SGHC 50 – 18 February 2015
Admiralty
jurisdiction – Whether person liable on claim in personam was demise charterer
of arrested vessel at time of issue of writs in rem – Whether demise charter
validly terminated prior to issue of writs – Whether redelivery of vessel
necessary to terminate demise charter – Whether writs in rem should be set
aside
Online Published Date:
14 December 2015
Appeared in issue:
940 - 10 December 2015
The "Melissa K" v The "Tomsk" - QBD (Admlty Ct) (Males J) [2015] EWHC 3445 (Admlty) - 27 November 2015
Admiralty practice - Collision action - Defendants offering to settle on basis of 50-50 liability and imposing deadline for issue and service of proceedings - Claimants issuing but not serving proceedings within deadline - Claimants accepting defendants' offer to settle - Whether compromise agreement concluded - Whether claimants entitled to extension of time for service of proceedings - Whether claimants entitled to relief under CPR 3.10
Online Published Date:
14 December 2015
Appeared in issue:
940 - 10 December 2015
Crescendo Maritime Co and Another v Bank of Communications Company Ltd and Others – QBD (Comm Ct) (Teare J) [2015] EWHC 3364 (Comm) – 25 November 2015
Practice
– Anti-suit injunction – Shipbuilding contract – Buyer bringing London
arbitration against Chinese bank to enforce refund guarantees – Arbitrators
finding in favour of buyer – Chinese bank bringing proceedings against buyer
and others in China – Whether buyer entitled to anti-suit injunction
Online Published Date:
21 December 2015
Appeared in issue:
941 - 22 December 2015
London Arbitration 19/15
Charterparty
– Vessel under construction let out on long-term time charter – Charter
providing for laycan to be “back-to-back” with shipbuilding contract –
Charterers purporting to cancel charter prior to delivery – Whether
cancellation lawful
Online Published Date:
21 December 2015
Appeared in issue:
941 - 22 December 2015
The “Xin Chang Shu” – High Court (Steven Chong J) [2015] SGHC 308 – 4 December 2015
Admiralty jurisdiction
– Bunker supplier arresting vessel claiming unpaid bunkers – Bunker supplier
asserting that party ordering bunkers was acting as agent for shipowner –
Shipowner denying agency – Whether action in rem should be set aside
Admiralty practice – Whether shipowner entitled
to damages for wrongful arrest of vessel by supplier of bunkers
Online Published Date:
21 December 2015
Appeared in issue:
941 - 22 December 2015