Case Summaries
Shagang Shipping Co Ltd v HNA Group Co Ltd [2016]
“Following repudiatory breach of charter by a charterer, its guarantor was unable to convince the Court that the charter was procured by bribery so as to render the guarantee unenforceable by the disponent owner beneficiary. The Court found that evidence was insufficient and confessions of bribery unreliable, as they may have been obtained by torture.”
ST Shipping and Transport PTE LTD v SpaceShipping Ltd [2016]
“Under a Shelltime 4 Charterparty, the Vessel was not off hire when detained by Venezuelan authorities following illegal voyage orders (provided via Charterers' agents); further Charterers were liable pursuant to clause 13 to Owners in respect of the continued detention of the Vessel following redelivery by Charterers on expiry of the Charter term. Permission to appeal was refused.”
Vinergy International (PVT) Limited v. Richmond Mercantile Limited FZC [2016]
“An innoncent party may lawfully terminate a contract where at least one of a number of breaches was repudiatory, even though others were not, or were capable of being remedied on notice.”
SBT Star Bulk & Tankers (Germany) GmbH & Co K G v. Cosmotrade SA [2016]
“Under the terms of a charter party calling for “one trip time charter,” the charterer was allowed to order the vessel to load a further cargo after the initial cargo had been discharged.”
The Magellan Spirit [2016]
“Commercial Court rejects Owners’ arguments of (i) agency, (ii) incorporation and (iii) express agreement and also considers their delay in applying is sufficient to reject Owners’ anti-suit injunction against Nigerian cargo claim in Nigeria.”
Gold Reserve Inc. v. The Bolivarian Republic of Venezuela [2016]
"The existence of an arbitration agreement meant that Venezuela could not rely on state immunity, even when the Claimant was in breach of its obligation of full and frank disclosure.”