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London Arbitration 3/20
Charterparty – Inter-Club NYPE Agreement – Whether charterer gave “written notification of the Cargo Claim” to owners within 24 months of date of delivery of cargo – Whether charterer’s claim for indemnity “waived and absolutely barred”
Online Published Date:
11 May 2020
Appeared in issue:
1055 - 11 May 2020
Korea Shipbuilding & Offshore Engineering Co Ltd and Another v F Whale Corporation and Another – QBD (Comm Ct) (Teare J) [2020] EWHC 631 (Comm) – 19 March 2020
Contract – Shipbuilding contract – Claims made by shipbuilders for deferred instalments of price against buyers and guarantors – Whether demands invalid – Whether claims time-barred – Whether claims compromised by US Chapter XI proceedings
Online Published Date:
11 May 2020
Appeared in issue:
1055 - 11 May 2020
Enka Insaat ve Sanayi AS v OOO “Insurance Company Chubb” and Others – Court of Appeal (Flaux, Males and Popplewell LJJ) [2020] EWCA Civ 574 – 29 April 2020
Practice – Anti-suit injunction – Principles to be applied for determining proper law of arbitration agreement
Online Published Date:
11 May 2020
Appeared in issue:
1055 - 11 May 2020
Daiichi Chuo Kisen Kaisha v Chubb Seguros Brasil SA (The “Southern Explorer”) – QBD (Comm Ct) (Henshaw J) [2020] EWHC 1223 (Comm) – 15 May 2020
Practice – Anti-suit injunction – Whether injunction should be refused on ground of delay
Online Published Date:
22 May 2020
Appeared in issue:
1056 - 22 May 2020
Guardian Offshore AU Pty Ltd v Saab Seaeye Leopard 1702 Remotely Operated Vehicle Lately on Board The Ship “Offshore Guardian” and Another – Federal Court (Colvin J) [2020] FCA 273 – 9 March 2020
Admiralty – Jurisdiction – Remotely operated underwater vehicle – Whether a “ship” within meaning of section 3 of Admiralty Act 1988 (Cth) – Whether court had jurisdiction
Online Published Date:
22 May 2020
Appeared in issue:
1056 - 22 May 2020
OCBC Wing Hang Bank Ltd v Kai Sen Shipping Co Ltd – High Court (Court of First Instance) (Au-Yeung J) [2020] HKCFI 375 – 4 March 2020
Practice – Stay of proceedings in favour of arbitration – Whether bills of lading incorporated charterparty arbitration agreement – Whether court should grant stay
Online Published Date:
22 May 2020
Appeared in issue:
1056 - 22 May 2020
LG and Others v Rina SpA and Another – CJEU (J-C Bonichot, President of Chamber, R Silva de Lapuerta, Vice President of the Court, M Safjan, L Bay Larsen, and C Toader) – Case C-641/18 – 7 May 2020
European Union law – Jurisdiction – Plaintiffs bringing action in Italy for damages in tort against Italian classification societies operating on behalf of Republic of Panama – Defendants contesting jurisdiction and relying on principle of state immunity – Whether Italian court had jurisdiction to hear claims pursuant to Regulation (EC) No 44/2001
Online Published Date:
22 May 2020
Appeared in issue:
1056 - 22 May 2020