Lloyd's Shipping & Trade Law

In two recent cases involving forced sale of property, the judge has in part based the decision on the situation of seafarers on board. Such positive judicial activism should be noted and relevant factors highlighted, so that others can follow suit.

The collapse of OW Bunkers in late 2014 shocked the bunker supplying world and caused significant litigation in courts around the world. Events thus far highlight that the same or very similar facts will be handled very differently by different courts.

“It is apparent that Lord Hoffmann’s observations in Belize Telecom … should henceforth be treated as a characteristically inspired discussion rather than authoritative guidance on the law of implied terms.”The leading judgment given by Lord Neuberger of the Supreme Court reinstates the traditional strict test when considering whether to imply words into a commercial contract.

Nomination of vessel. Sale contract - FOB - Nomination of vessel

Stolt Kestrel BV v Sener Petrol Denizcilik Ticaret AS (The Stolt Kestrel and The Niyazi S); CDE SA v Sure Wind Marine Ltd (The SB Seaguard and The Odyssée) [2015] EWCA Civ 1035

Several recent English shipping judgments have involved Chinese courts, where an English court would have unquestioningly accepted jurisdiction, had there been no rival court. The outcome in each case depends on the circumstances of the litigation in question, but from an East-looking perspective the cases raise the question: under what circumstances will a Chinese court accept jurisdiction?