Lloyd's Maritime Law Newsletter

Insurance (marine) - Declaration policy - Definition of "assured" under policy - Effect of assured's failure to nominate terms of coverage - Estoppel by convention - Effect of failure to make proper declarations of insured subject matter - Breach of warranty - Marine Insurance Act 1908 (New Zealand), section 34

Contract of affreightment - Sanctions - Force majeure affecting delay in loading and discharge - Exercise of reasonable endeavours - Dollar payments required by the contract - Offer to pay in euros - Whether sanctions could have been overcome by acceptance of non-contractual performance.

Carriage of goods - Bill of lading - Bill of lading for carriage of cargo of steel rails between ports in different Australian states - Carrier commencing London arbitration on LMAA terms - Bill of lading containing clause paramount, choice of law clause and jurisdiction clause - Effect of foreign choice of law and jurisdiction clauses in respect of inter-state carriage - Anti-suit injunction - Stay - FIOST clauses - Australian amended Hague Rules - Carriage of Goods by Sea Act 1991 (Cth), sections 10(1)(b)(ii) and 11(2), and article 3(8) of schedule 1A

Ship repair - Delays - Whether waiver on yard's final invoice barred all claims or void for duress - Counterclaim - Whether owners entitled to claim for loss of profits - Whether 0.1 per cent interest per day was penal

Costs - Practice - Liability for costs where defence successful and counterclaim partially successful - Identifying significant "event" of the arbitration - Effect of failure to protect against an adverse costs order