Shipping case digest - July 2018
Details
Welcome to this month’s edition of our shipping case digest, providing you with concise and useful summaries of recent legal decisions in the shipping market.
The “SUR”: striking out for want of prosecution and time bar
In this case, the Commercial Court dealt with a section 68 challenge and appeals on four issues of law under section 69 of the Arbitration Act 1996 from an LMAA arbitration award which had dismissed the counterclaim for ‘inordinate and inexcusable delay’… read more
The “SONGA WINDS”: P&I clubs’ standard form for letters of indemnity
The court was asked to interpret the provisions of the standard form P&I letter of indemnity for the delivery of cargo without the production of original bills of lading… read more
The “FLAG METTE”: flagging issues of serious irregularity in salvage remuneration claims
The Commercial Court in this case considered an application by Navigator Spirit SA, the owners of the “FLAG METTE” to set aside an appeal arbitrator’s award in a salvage remuneration claim. The key question was whether the appeal arbitrator had breached his obligation to act fairly under section 33 of the Arbitration Act 1996 by taking into account dangers which, it was claimed, had not featured in either the grounds of appeal or in the appeal hearing… read more
See also:
Part two (voyage charters and common considerations): IMO 2020 - implications of the global sulphur cap to charterparties
With the global sulphur deadline fast approaching on 1 January 2020, it is important that measures are taken so that the contractual documentation used by owners and charterers is 2020 compliant. Part one of this article looked at key considerations for owners and charterers in relation to time charters, whereas this part discusses the implications for voyage charters and also looks at some common issues applicable both to time and voyage charters… read more