Lloyd's Maritime Law Newsletter

Practice – Anti-suit injunction – Contracts of carriage of copper ingots containing exclusive English jurisdiction clause and one-year time bar – Cargo owners bringing proceedings in Turkey against carriers and others – Carrier applying for anti-suit injunction – Whether injunction should be refused on grounds of delay or of prejudice to cargo owners by reason of time-bar

Charterparty – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage – Receivers bringing cargo claim against owners resulting from delay – Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners

Admiralty – Collision action – Collision jurisdiction agreement – Each shipowner to provide security “in a form reasonably satisfactory to the other” – Whether letter of undertaking containing sanctions clause was in a form “reasonably satisfactory” to the other – Whether shipowner contractually obliged to accept letter of undertaking in “reasonably satisfactory” form

Admiralty – Collision action – Cruise liner colliding with smaller vessel in Venice – Cruise liner wholly liable for collision – Claimants bringing proceedings against cruise line operator claiming damages under various heads – Italian law applying to claims – Preliminary issue determined as to whether claims for non-physical loss recoverable from defendant

Arbitration – Practice – Costs

General average – Vessel held to ransom by pirates in Gulf of Aden – Shipowners seeking to recover ransom payment from bill of lading holders – Whether charterparty provision for charterers to pay war risk and ransom insurance premiums incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders

Charterparty – Poorly maintained vessel on redelivery – Burden of proof – Repairs to vessel – Wear and tear not affecting Class – Additional claim not pleaded – Failing to exercise right of set off – Starting date for contractual interest