Lloyd's Maritime Law Newsletter

Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Applicable law governing issue of incorporation – Identity of governing charterparty – Whether Law and Arbitration Clause incorporated into bills of lading – Bill of lading holders bringing cargo claim in China – Whether breach of London arbitration clause – Whether owners entitled to anti-suit injunction

Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding head owner liable to receivers – Disponent owners settling with head owner – Disponent owners claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify disponent owners

Charterparty – Bunkers on delivery – Time charterers disputing quantity of low-sulphur MGO stated to be on board vessel at time of delivery

Admiralty – Port dues – Cruise vessels laid up at Port of Tilbury following suspension of cruise operations caused by Covid-19 pandemic – Port agreeing preferential lay-up rate – Port subsequently stating that rates were to be as per Port’s published tariff – Very significant difference between agreed rate and tariff rate – Whether Port entitled to increase rate to tariff rate

Practice – Service out of jurisdiction – Anti-suit injunction – American cruise line passengers suffering personal injuries during 2019 eruption of volcano on Whakaari/White Island, New Zealand – Passengers on shore excursion from Royal Caribbean vessel – Passengers bringing proceedings in USA against cruise line – Cruise line applying for anti-suit injunction – Whether leave should be granted to serve proceedings out of jurisdiction

Admiralty – Collision action – Crossing rules – Whether applicable to vessel navigating towards narrow channel – Whether give-way vessel had to be on a sufficiently constant course for crossing rules to apply

Limitation of liability – Boat passenger injured in collision with sandbar – Whether defendants entitled to limit liability – Athens Convention 1974

Charterparty – Cargo holds rejected at loading port – Whether time lost – Whether owners in breach of contract in respect of deviation caused by engine breakdown – Whether vessel underperformed – Whether owners liable to pay charterers for cost of replacement bunkers following deviation and underperformance