Lloyd's Maritime Law Newsletter

Arbitration – Removal of arbitrator – Apparent bias – Whether arbitrator should have disclosed later appointments in arbitrations involving one common party – Test for apparent bias – Time for application of test – Arbitrator omitting to give relevant disclosure as result of oversight – Arbitrator subsequently providing explanation for omission – Whether arbitrator should be removed

Conflict of laws – Jurisdiction – Natural forum – Whether actions should be stayed on forum non conveniens grounds or in favour of arbitration

Arbitration – Award – Enforcement – Application to register ICSID arbitration award for enforcement as a judgment – Whether applicant required to serve application claim form on respondent prior to applying for registration – Arbitration (International Investment Disputes) Act 1966

Practice – Anti-suit injunction – Bills of lading incorporating charterparty arbitration clause - Cargo receivers bringing court proceedings in China in breach of arbitration clause – Whether shipowners entitled to anti-suit injunction

General average – Vessel kidnapped and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders