Lloyd's Maritime Law Newsletter

Practice – Anti-suit injunction – Cargo owners alleging cargo damage and bringing proceedings against carrier in Vietnam – Whether proceedings brought in breach of arbitration clause in sub-charter – Whether carrier’s application for anti-suit injunction made promptly – Whether strong reasons not to grant injunction

Conflict of laws – Jurisdiction – Charterparty containing exclusive English jurisdiction clause – Owners claiming balance of hire and arresting different vessel in Gibraltar as security – Owners subsequently bringing substantive proceedings in England – Charterers counterclaiming damages for wrongful arrest – Whether tort claims fell within jurisdiction clause – Whether lis alibi pendens – Whether actions related – Whether English court should decline jurisdiction over tort counterclaim – Brussels Convention 1968, articles 17, 21 and 22

Admiralty – Limitation of liability – Defendant’s vessel sinking after collision with plaintiff’s vessel – Defendant incurring expenses in removing pollutants from wreck – Plaintiff admitting full liability for collision – Whether plaintiff entitled to limit liability in respect of wreck removal expenses

Admiralty practice – Collision action – Claimant obtaining default judgment in rem – Insurers refusing to comply with letter of undertaking on basis that LOU only responded to in personam judgment – Claimant bringing separate in personam proceedings against owners and insurers – Claimant obtaining default judgment in in personam proceedings – Whether default judgment should be set aside

Sale of goods – Fuel oil – Seller in breach of quality obligation in contract – Buyer purporting to reject cargo – Seller treating buyer’s rejection as repudiatory breach – Whether relevant obligation was condition or intermediate term – Whether buyer entitled to reject cargo – Whether buyer entitled to claim for wasted expenditure – Whether buyer in breach of contract – Quantum of seller’s loss

Marine insurance – Cargo policy – Subrogation and recoupment – Under-insurance – Insurer disputing quantum of insured’s claim – Insurer paying insured AUS$425,000 to settle claim – Insured subsequently recovering significantly greater sum from contractual carrier – Quantification of insurer’s entitlement to recoupment

Arbitration – Stay of court proceedings – Whether stay should be made conditional upon defendant waiving time-bar defence

Charterparty – Heavy lift charter – Non-payment of sums due from charterers – Whether charterparty frustrated – Demurrage at loading port – Whether notice of readiness valid – Reimbursement of war risks additional premium incurred by owners – Owners exercising rights of lien and stoppage in international waters and suspending further performance of vessel – Vessel drifting for 272 days – Whether suspension rights validly exercised by owners

Arbitration – Practice – Costs

Arbitration – Confidentiality – Whether judgment affecting arbitration should be published – Jurisdiction of Court of Appeal to hear appeal

Charterparty – Readiness of vessel for delivery – Safe manning certificate – Termination – Duty to mitigate losses