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Court considers whether owners had affirmed a charter by allowing discharge before withdrawal for non-payment of hire
- Reed Smith LLP
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- United Kingdom
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- June 4 2013
In White Rosebay Shipping SA v Hong Kong Chain Glory Shipping Ltd 2013 EWHC 1335 (Comm), Owners appealed against an arbitration decision stating
Tribunal rules on liability between Owners and Charterers where cargo was contaminated with fuel oil
- Reed Smith LLP
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- United Kingdom
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- May 30 2013
Charterers faced cargo claims arising from the contamination of containerised cargo with fuel oil. Charterers settled these
Tribunal considers broker’s authority to fix vessel on behalf of owners
- Reed Smith LLP
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- United Kingdom
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- May 7 2013
The Tribunal was required to decide whether the parties to the arbitration had in fact concluded a fixture. At the time they were both interested in
Commercial Court considers a disponent owner’s challenge of the striking out of its demurrage claim on the grounds that there was no contract between it and the voyage charterer, and as such no arbitration agreement between them
- Reed Smith LLP
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- United Kingdom
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- June 10 2011
The Claimant Disponent Owner, who had time chartered the vessel in question, instructed shipbrokers to sub-charter the vessel to the Defendant
Commercial court considers the circumstances in which it may grant security where a party is challenging the jurisdiction of the tribunal
- Reed Smith LLP
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- United Kingdom
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- January 6 2011
In A v B 2010 EWHC 3302 (Comm), the Applicant had been successful in a FOSFA arbitration against the Respondent
Does Section 2(4) COGSA 1992 create a separate cause of action for persons with an interest in the goods who are not holders of the bill of lading?
- Reed Smith LLP
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- United Kingdom
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- December 3 2010
The Respondent in Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria 2010 EWHC 2828 (Comm) had brought a cargo claim in arbitration against the Appellant under s.2(1) Carriage of Goods by Sea Act 1992
Tribunal considers issues of causation in the context of owners’ liability for delay arising out of damage to cargo
- Reed Smith LLP
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- United Kingdom
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- December 3 2010
In London Arbitration 2210 ((2010) 809 LMLN 1), Charterers claimed against Owners for damages arising out of damage caused to the cargo by defects in the hatch covers allowing the cargo to be wetted by sea water
By endorsing a COA as guarantor, a party agrees to the arbitration of disputes arising out of the guarantee in accordance with the arbitration agreement in the COA
- Reed Smith LLP
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- United Kingdom
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- December 3 2010
In Stellar Shipping Co LLC v Hudson Shipping Lines 2010 EWHC 2985, the Applicant challenged an arbitration award under s.67 Arbitration Act 1996 on the grounds that because no arbitration agreement had been entered into between the parties, the tribunal lacked substantive jurisdiction
The Commercial Court considers the requirements for the continuation of an anti-suit injunction
- Reed Smith LLP
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- United Kingdom
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- December 3 2010
In Star Reefers Pool Inc v JFC Group Co Ltd 2010 EWHC 3003 (Comm) the Commercial Court considered an application by a shipowner to continue an anti-suit injunction
Section 69 Arbitration Act 1996 does not permit the court to entertain an appeal on a question of fact on the basis that the parties have agreed to such an appeal
- Reed Smith LLP
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- United Kingdom
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- December 3 2010
In Guangzhou Dockyards Co Ltd (Formerly Guangzhou CSSC-Oceanline-GSW Marine Engineering Co Ltd) v ENE Aegiali I 2010 EWHC 2826 (Comm), the Applicant shipowner applied to strike out part of an appeal by the Respondent dockyard on the basis that it was an appeal on questions of fact
