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.”
(2016) 956 LMLN 1— London Arbitration 18/16
“In a shipbuilding contract in which the builder defaulted by failing to construct two container vessels within an agreed time frame, it was held that the buyer was to have access to the same shipyard in order to continue construction of each vessel and that, furthermore, the builder was to provide all necessary assistance.”
Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors [2016]
“In an insurance claim under a hull and machinery policy, Owners had lied to insurers in order to strengthen their claim; however, the Court held that since the lie was irrelevant and immaterial to the claim (and therefore not a fraudulent device), insurers could not reject Owners' claim.”
(2016) 954 LMLN 4 — London Arbitration 15/16
“In a time charter providing for redelivery on dropping outward sea pilot, it was held that redelivery nevertheless took place in port, once Charterers had given up their use of the vessel (and the Master had signed a redelivery certificate). Charterers' subsequent arrest of the vessel therefore did not give rise to a claim for hire. The High Court declined to give Owners leave to appeal.”
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.”