Case Summaries
L v A [2016]
“An Owner entitled to an indemnity from the Charterer was entitled to an immediate monetary payment, even when the judgment against which the indemnity was sought had an appeal pending.”
Connect Shipping Inc & Anor v Sveriges Anfgartygs Assurans Forening (The Swedish Club) & Ors [2016]
“A Notice of Abandonment issued by Owners to Insurers several months following a vessel's casualty was held to be effective, and Owners were therefore able to succeed in showing that the vessel was a complete total loss.”
Imperator I Maritime Company v Bunge SA [2016]
“In a case of underperformance due to a prolonged stay in tropical waters, it is not a defence for owners to say that underperformance resulted from compliance with charterers' orders, unless the cause was a risk which owners had not assumed in the contract.”
FSL-9 PTE Ltd & An or v Norwegian Hull Club [2016]
“In an LOU dispute between Owners and Charterers' P&I Club, the LOU's use of the words "liberty to apply" did not mean undersecured Owners could apply to the Court for an increase in the amount of the LOU. Any right to enforce an increase in the amount of security lay against Charterers and not against the P&I Club directly, and in the event security was inadequate, Owners were not prevented from arresting Charterers' assets.”
(1) Suez Fortune Investments Ltd (2) Piraeus Bank AE v Talbot Underwriting Ltd [2016]
“Court refuses to revisit "unless" order striking out owners' claim of a vessel CTL against underwriters, due to owners' failure to disclose full electronic archives.”
Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore & Anor [2016]
“Owners served notice of arbitration to the email of a person related to, but distinct from Charterers. That was not valid service on charterers, even if in practice the person was handling the entirety of the contract on behalf of charterers. Also, although Charterers later became aware of the award but failed to react, neither their silence nor their inaction could be considered ratification.”