Lloyd's Maritime Law Newsletter

Admiralty – State immunity – Claimant claiming ownership of silver bars salvaged from vessel sunk in 1942 – Republic of South Africa asserting ownership of silver bars and claiming sovereign immunity – Whether claim should be struck out

Charterparty – Misrepresentation – Whether owners misrepresented vessel’s fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach – Whether charterers affirmed charter – Whether guarantor liable – Whether Statute of Frauds satisfied

Demurrage – Delay in cargo reaching loading port – Whether “force majeure” – Whether delay caused by master’s unreasonable conduct – Liability for delay caused by stevedores refusing to discharge cargo – Whether demurrage claim time-barred – Whether owners entitled to “bunker deviation costs” following agreement to add additional discharge port

Contract – Implied term – Quantum meruit – Claimants agreeing to tranship quantity of bauxite in bulk from respondents’ anchored vessel – Contract providing for payment of storage charges at daily rate of US$1,000 per “one barge” irrespective of quantity carried – Parties agreeing addendum to provide for increase in amount transhipped – Claimants providing larger seagoing vessel to tranship additional quantity – Addendum not making express provision for storage charges – Whether implied term that storage rate would increase – Whether claimants entitled to quantum meruit at increased storage rate

Demurrage – Time bar – Whether owners provided contractual documents within time allowed for making demurrage claim

Admiralty practice – Priorities – Claims by US bunker suppliers for bunkers supplied plus contractual interest, administration fee and costs – Whether claims for interest, administration fee and costs fell within court’s admiralty jurisdiction – Whether claims established

Contract – Towage – Tugowner contracting to tow two barges from North Sea port to Black Sea port – Whether port agency charges payable – Whether sheltering in Atlantic Spanish port justified – Whether tug unseaworthy – Whether lack of good faith on part of tugowner – Calculation of Free Time – Whether tugowner entitled to Delay Payments – Whether tugowner entitled to costs of foreign proceedings

Arbitration – Jurisdiction – Five bills of lading each incorporating charterparty arbitration clause – Cargo interests alleging cargo damage – Shipowners’ P&I Club issuing letter of undertaking – Whether LOU constituted agreement to consolidate arbitrations into single ad hoc arbitration – Whether notice of arbitration valid – Whether extensions of time valid