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ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Ltd – Court of Appeal (Sir Geoffrey Vos C, Flaux and Rose LJJ) [2019] EWCA Civ 2073 – 26 November 2019
Conflict of laws – Forum non conveniens – Whether England proper place to bring claim against 10th defendant – Relevance of multiplicity of proceedings – Whether claimant entitled to sue 10th defendant in England
Online Published Date:
06 December 2019
Appeared in issue:
1044 - 06 December 2019
Alianca Navegacao e Logistica Ltda v Ameropa SA (The “Santa Isabella”) – QBD (Comm Ct) (Andrew Henshaw QC sitting as a Judge of the High Court) [2019] EWHC 3152 (Comm) – 22 November 2019
Charterparty – Delay in discharging – Whether vessel took usual and reasonable route – Whether breach of speed warranty – Whether vessel failed adequately to ventilate cargo – Whether vessel failed to fumigate adequately – Whether quarantine exception applied – Cause of delay in discharging
Online Published Date:
06 December 2019
Appeared in issue:
1044 - 06 December 2019
Quiana Navigation SA v Pacific Gulf Shipping (Singapore) Pte Ltd (The “Caravos Liberty”) – QBD (Comm Ct) (Cockerill J) [2019] EWHC 3171 (Comm) – 21 November 2019
Charterparty – Hire – Anti-technicality clause – Whether owners entitled to serve anti-technicality notice in respect of earlier period of hire
Online Published Date:
06 December 2019
Appeared in issue:
1044 - 06 December 2019
Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS (The “Ocean Prefect”) – QBD (Comm Ct) (Teare J) [2019] EWHC 3368 (Comm) – 6 December 2019
Arbitration – Evidence – Vessel grounding whilst entering port – Owners bringing arbitration proceedings against charterers for breach of safe port warranty – Whether owners entitled to refer to Marine Accident Investigation Branch Report – Merchant Shipping Act 1995 and Merchant Shipping (Accident Reporting and Investigation) Regulations 2012
Online Published Date:
19 December 2019
Appeared in issue:
1045 - 19 December 2019
VTB Commodities Trading DAC v JSC Antipinsky Refinery – QBD (Comm Ct) (Teare J) [2019] EWHC 3292 (Comm) – 3 December 2019
Arbitration – Jurisdiction – Disputes arising under agreements for sale of gasoil – Whether court should determine questions of jurisdiction under Arbitration Act 1996, section 32 – Whether arbitration tribunal had jurisdiction
Online Published Date:
19 December 2019
Appeared in issue:
1045 - 19 December 2019
Mur Shipping BV v Louis Dreyfus Company Suisse SA (The “Tiger Shanghai”) – QBD (Comm Ct) (Cockerill J) [2019] EWHC 3240 (Comm) – 13 November 2019
Charterparty – Time-bar – Charterers bringing arbitration proceedings against owners for breach of charterparty – Charterparty providing that all claims shall be extinguished unless notified in writing and accompanied by all available supporting documents within 12 months from completion of charter – Charterers making timeous claim but subsequently relying on document not sent with claim letter – Whether claim time-barred
Online Published Date:
19 December 2019
Appeared in issue:
1045 - 19 December 2019