“Claimants did not have title to sue as neither were named in non-negotiable Bills of Lading. Second Claimant time barred under one year Hague-Visby Rules time bar in any event. Even if wrong on title to sue point, on the facts, two of the three seals on the containers were intact and, therefore, cargo of coltan ore could not have been substituted with sand and pebbles as alleged.”

“Where a claim and a counterclaim arise from a single set of facts giving rise to a balance of accounts or netting-off under a contract, a reference to “claims” and to “all disputes arising under the contract” in notices of appointment of an arbitrator will ordinarily suffice to interrupt the running of time in respect of the counterclaim.”

“Claimant lay-up facility became involuntary bailee after termination of the lay-up agreement and should continue to provide services but was allowed to recover “costs and expenses”, which did not exclude indirect costs and a profit element.”

“Damages for repudiatory breach are calculated as the difference between the market and contract rates without taking into account actual events; but where there is no market, benefits like the profitable sale of the vessel are deemed to arise from the breach and the proceeds must be credited against the loss.”

“For the first time the Admiralty Court apportions, between 4 vessels, liability for a collision between a containership and a warship at the port of Mumbai, even though the two warships are not party to the English proceedings.”

“Although a substitute nomination is allowed under an FOB contract, such nomination is invalid unless the substitute vessel is itself nominated within the time limits stipulated.”