Shipping case digest - September 2017
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.
MT Højgaard A/S -v- E.ON: when compliance with specification is not enough
The Supreme Court was asked to resolve a particular problem of contractual interpretation where a contract includes two terms, one requiring the contractor to provide an article which is produced in accordance with a particular design or specification and the other requiring the article to satisfy certain performance criteria… read more
“MOSCOW STARS”: the meaning of ‘goods the subject of proceedings’ under section 44 of the Arbitration Act
In this decision of the High Court, Mr Justice Males considered an application for an order for sale of cargo under section 44 of the Arbitration Act 1996, and, in doing so, was required to consider the meaning of the phrase ‘goods the subject of the proceedings’ under section 44(2)(d) of the Act… read more
Aspen Underwriting -v- Kairos Shipping: recovery of insurance proceeds and jurisdiction under the Brussels Regulation
In this case the Commercial Court had to determine whether it had jurisdiction to hear a claim brought by underwriters for recovery of insurance proceeds against a third party based in the Netherlands… read more
Sabbagh -v- Khoury: Article 6(1) of the Brussels Regulation and ‘anchor defendants’ in cross-border disputes
The judgment handed down by the Court of Appeal in this instance concerned a dispute in which, contrary to the general rule contained in Article 2(1) of Regulation 44/2001 (the Brussels Regulation), multiple defendants were sued in the court of a member state outside of their jurisdiction of domicile… read more
