“In this most unusual case, service of a notice of arbitration on a party's agent was deemed valid, the agent having implied and ostensible authority to accept such service, because the principal took "no part, no role and no interest in the negotiation or performance" of the contract.”

“Owners settled a cargo claim in respect of shortage, wet and other damage to bagged rice and claimed a full indemnity from Time Charterers on the basis that the bills, incorporating a sub-charter, had exposed them to more onerous terms than the t/c. The Tribunal declined to hold that the material terms of the bills had exposed Owners to this cargo claim and instead applied the Interclub Agreement 50% apportionments with each party bearing its own costs of the reference.”

“Dealing with an unexplored corner last week the Commercial Court ruled that the Owners' obligation to proceed with "utmost despatch" or "use all convenient speed" will extend to cases where there is no provision as to ERTL or ETA, but merely a cancelling date. The laycan will still indicate the period of time within which the approach voyage should commence so that the Vessel arrives at the loading port by the cancelling date.”

“A shiprepairer's standard terms (referred to in its quotation for engine overhaul) prevailed over the terms of its tug-owner customer (referred to in the latter's purchase order, issued after its verbal go-ahead). Nevertheless, the shiprepairer's clause excluding liability for consequential loss (and limiting recovery to the value of work) neither precluded nor limited the direct losses claimed as a result of damage sustained during testing, namely engine repair, substitute tonnage and loss of use.”

“The High Court recently clarified that under Singaporean law vessel arrest for the purpose of retaining security in support of foreign proceedings is not available. Charterers pursuing litigation in England were ordered to return the security obtained as the arrest was declared an abuse of process. The Owners' damages claim for wrongful arrest was dismissed as the Charterers' behaviour did not amount to bad faith or malice, nevertheless, Charterers were ordered to pay the costs of the appeal proceedings. This is a significant difference from the position in England where courts have the power to order the arrest of property in assistance to foreign proceedings.”

“In a contract for the provision of flag registration services to the Government of Comoros, an experienced arbitrator found the Government liable for repudiatory breach owing to an unjustified termination of the services contract, stating however that the repudiation had not been accepted as such. Having overlooked the Government's counterclaim, he issued a corrective award holding the contractor liable for outstanding monthly payments. In a subsequent award the arbitrator held that the contract had indeed been terminated. The Court upheld that latest award holding (on the facts of that case) that his statement in the earlier award did not constitute a "finding" such as to preclude a subsequent decision that the repudiation had been accepted. Naturally, the request for the arbitrator's removal was rejected with the Court commenting on his significant experience and on his frank concessions where matters had been overlooked.”