Shipping case digest - May 2017

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.

Bulk carrier

The Ocean Victory: the Supreme Court decision

In this much awaited decision, the Supreme Court clarified the ‘unsafe port’ test, the position under clause 12 of Barecon 89 in relation to joint insurance and the charterers’ rights to limit their liability under the 1976 Convention... read more

Cotton

Aldcroft -v- ICA: arbitral institution entitled to restrict repeat and concurrent appointments of an arbitrator

The High Court was asked to decide whether a particular provision of the International Cotton Association’s (ICA) code of conduct for arbitrators, which restricted repeat and concurrent appointments, was void and unenforceable as an unreasonable restraint of trade... read more

Construction

Eastern European Engineering -v- Vijay Construction Ltd: the Supreme Court’s IPCO -v- NNPC judgment applied in the High Court

In this case, the judge applied IPCO -v- NNPC in deciding that it would be wrong to make provision of security a prerequisite to the defendant’s challenge to enforcement of an arbitration award... read more

Cargo

Volcafe & others -v- CSAV: permission to appeal granted by the Supreme Court

In Volcafe & Others -v- CSAV the Court of Appeal considered the ability of a defendant carrier to rely on the defences in Article IV Rule 2 of the Hague Rules when confronted with an allegation of breach of Article III Rule 2 by way of negligence... read more