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Arbitration Louise Glover Arbitration Louise Glover

London Arbitration 5/18

“A time charter clause provided for charterers to reimburse a capped amount for extra insurances incurred by owners "for transit from Yanbu to India"; owners contended that the part of the premium attributable to calls in both places fell outside the cap and was payable on top. The Tribunal held that "transit" here included both port calls and the time in motion in between and so the corresponding premium fell within the cap.”

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Commercial Court Louise Glover Commercial Court Louise Glover

Lukoil Asia Pacific Pte Ltd v Ocean Tankers (Pte) Ltd (Ocean Neptune) [2018]

“A charter on an amended ExxonMobilVOY2005 form contained additional 'LITASCO' clauses providing (cl. 4) for time waiting for orders to count as laytime or demurrage as well as (c1.2) a documentary time bar, discharging charterers from demurrage claims unless presented and supported within 90 days.
Owners failed properly to support their demurrage claim in time but argued that the waiting time claim fell outside the time bar. The Commercial Court held that a cl. 4 claim is a demurrage claim and subject to the time bar.”

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Arbitration Louise Glover Arbitration Louise Glover

London Arbitration 4/18

“Under a trip time charter, charterers claimed that the vessel was delayed by slow operation of the vessel's cranes although the gear was found in good condition. The technical data were not set out in the charter and the Tribunal, dismissing the claim, found that there was no warranty as to crane speed, nor any breakdowns or breach of maintenance obligations. The Tribunal found also that charterers failed to establish any warranty as to the vessel's speed and consumption at eco speed: owners had merely warranted receipt of builders' information. For that reason, the Tribunal had also declined to order disclosure of previous fixture eco-performance.”

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Arbitration Louise Glover Arbitration Louise Glover

London Arbitration 3/18

“After tendering NOR under an amended Asbatankvoy charter and waiting some 15 days to load, Owners accepted Charterers' cancellation' as a repudiatory breach and claimed accrued demurrage as well as losses incurred on substitute business. The Tribunal dismissed Charterers' attempt to rely upon a 3 month demurrage time bar running from completion of discharge, ruling that if there was no discharge, there was no time bar. Although Owners' demurrage claim succeeded in full, their damages claim entirely failed and as a result Owners were restricted to an 80% costs recovery.”

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Commercial Court Louise Glover Commercial Court Louise Glover

Unreported case in the Commercial Court - November & December 2017

“In a series of public hearings relating to tracing money stolen from a commodity company's bank accounts, the Commercial Court ordered (amongst other things):
(i) the issue of a worldwide freezing order against "persons unknown";, (ii) disclosure orders against banks situated abroad for the purpose of tracing money; and (iii) service of documents by a combination of email and online data room and by Facebook.
It is believed that this is the first time such orders have been made.”

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Arbitration Louise Glover Arbitration Louise Glover

London Arbitration 1/18 — 994 LMLN 2

“Even when Charterers failed to pay hire on time, Owners' failure to allow the full time provided under an anti-technicality clause meant that their withdrawal was premature and repudiatory. Owners' notice was also defective in that it was not phrased as an ultimatum but as a reminder.”

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