“The Admiralty Court ruled that a vessel exiting the channel (of a UAE port) bore 80% responsibility for a collision with an entering vessel. The former had failed to navigate on the starboard side of the channel, to keep a proper lookout or develop a safe speed or take avoiding action. The latter, although it failed to keep a proper aural lookout, nevertheless maintained a safe speed and took immediate avoiding action. “

“After discharge operations in Chittagong were interrupted for 6.62 days due to a strike by barge labourers, it was held that laytime continued to run in full during the strike even though Owners did not provide notice of the strike to Charterers as required by the General Strike Clause (Gencon 94), since both Owners and Charterers were fully aware of the strike's existence.”

“Court holds claim is time barred since the cause of action arose more than 6 years from any breach of contract and/or 3 year from knowledge necessary for bringing an action in negligence under s. A4A of the Limitation Act 1980.”

“Sinocore obtained an order from the English Court allowing the enforcement of a foreign, New York Convention arbitral award against the defendant UK company. The defendant challenged the order on the grounds that pursuant to the Arbitration Act, public policy rendered the award unenforceable, as forged bills of lading were involved in the transaction underlying it. The Court dismissed the challenge as the defendant's liability had been ascertained under the lawful sale contract, irrespective of any other tainted transaction (i.e. forged bills).”

“The Court held that in defining "port limits", the arrived ship test used in the Johanna Oldendorff (vessel at disposal of the charterer and then geographical position) still serves as the test at common law but that the parties are also free to define this area.”

“Among the new changes adopted is the addition of paragraph 11 which addresses the appointment of a sole arbitrator where there has been a failure to comply with an arbitration agreement for arbitration by a sole arbitrator. In particular, if within 14 days of one party calling for arbitration, the parties have not agreed upon a sole arbitrator, then either party may apply in writing for the appointment of a sole arbitrator by the President of the LMAA.

These new terms are in contrast to the procedure currently in place, which is governed by the Arbitration Act 1996. The Act calls for the parties to jointly appoint a sole arbitrator not later than 28 days after service of a request in writing by either party. If there is no agreement, then any party to the arbitration agreement may apply to the court, which would then exercise its powers under the Act to make the appointment.

The new LMAA terms will apply to arbitration proceedings commencing on or after 1 May 2017.”