i-law.com - Newsletter (Lloyd's Maritime Law Newsletter)

: ZHD v SQO – QBD (Comm Ct) (Calver J) [2021] EWHC 1262 (Comm) – 28 April 2021; Online Published Date : 02 July 2021 | Appeared in issue: 1085 - 02 July 2021; 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

: Eastern Pacific Chartering Inc v Pola Maritime Ltd (The “Pola Devora”) – QBD (Comm Ct) (Patricia Robertson QC sitting as a Deputy Judge of the High Court) [2021] EWHC 1707 (Comm) – 28 June 2021; Online Published Date : 02 July 2021 | Appeared in issue: 1085 - 02 July 2021; 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

: Perusahaan Perseroan (Persero) PT Pertamina v Trevaskis Ltd and Others (The “Star Centurion”) – High Ct of Hong Kong SAR (Court of First Instance) (Chan J) [2021] HKCFI 396 – 22 February 2021; Online Published Date : 02 July 2021 | Appeared in issue: 1085 - 02 July 2021; 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

: Tecoil Shipping Ltd v Neptune EHF and Others (The “Poseidon”) (No 2) – QBD (Admlty Ct) (Mr Admiralty Registrar Davison) [2021] EWHC 1582 (Admlty) – 15 June 2021; Online Published Date : 02 July 2021 | Appeared in issue: 1085 - 02 July 2021; 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

: Galtrade Ltd v BP Oil International Ltd (The “Pioneer”) – QBD (Comm Ct) (Adrian Beltrami QC sitting as a Deputy Judge of the High Court) [2021] EWHC 1796 (Comm) – 5 July 2021; Online Published Date : 16 July 2021 | Appeared in issue: 1086 - 16 July 2021; 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

: Technology Swiss Pty Ltd v AAI Ltd, trading as Vero Insurance – Fed Ct of Australia (Allsop CJ) [2021] FCA 95 – 12 February 2021; Online Published Date : 16 July 2021 | Appeared in issue: 1086 - 16 July 2021; 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

: The “Navios Koyo” – High Ct (Chua Lee Ming J) [2021] SGHC 131– 31 May 2021; Online Published Date : 16 July 2021 | Appeared in issue: 1086 - 16 July 2021; Arbitration – Stay of court proceedings – Whether stay should be made conditional upon defendant waiving time-bar defence

Lloyd's Maritime Law Newsletter