Assimina Maritime Ltd v Pakistan Shipping Corporation and Anr (The "Tasman Spirit") - QBD (Com Ct) (Colman J) - 21 December 2004

Arbitration - Applications to court for orders relating to documents in control of non-party and for employee of non-party to give oral evidence at arbitration hearing - Matters to be considered when making order - Arbitration Act 1996, sections 43 and 44

On 15 July 2003 the vessel Tasman Spirit was chartered on an amended Asbatankvoy form. While the vessel was within what was shown on the chart as the dredged channel approaching the port of Karachi, she grounded. There was very significant pollution and the vessel became a total loss. The losses to the shipowners, including pollution indemnity claims, amounted to US$6.56 billion. The owners alleged that the grounding of the vessel was caused by the fact that the port was unsafe and, that accordingly, the charterers were liable for breach of the safe berth warranty.