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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
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
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
Only the award and the relevant contract may be put before the court in an appeal from an arbitration award on a point of law
- Reed Smith LLP
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- United Kingdom
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- November 3 2010
In Dolphin Tanker Srl v Westport Petroleum Inc (The MT "Savina Caylyn") 2010 EWHC 2617 (Comm), the Appellant sought to rely on a number of documents, apart from the charterparty and the arbitration award, in support of their arguments in an appeal on a question of law
Commercial Court considers various points arising from the clause in Shelltime 4 dealing with oil major approvals
- Reed Smith LLP
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- United Kingdom
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- November 3 2010
Claimant Owners chartered the vessel "SAVINA CAYLYN" to the Defendant Charterers on an amended Shelltime 4 form, clause 50 of which allowed Charterers to place the vessel off-hire or alternatively terminate the charter, if the vessel failed three consecutive oil major vetting inspections or reviews
The recovery of wasted expenditure as damages
- Reed Smith LLP
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- United Kingdom
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- October 31 2010
The High Court has held, in Omak Maritime Ltd v Mamola Challenger Shipping Co ("The Mamola Challenger") 2010 EWHC 2026 (Comm), that wasted expenditure cannot be recovered as damages for breach of contract where an award of damages on that basis would put the Claimant in a better position than he would have been in had the contract been performed
Summary judgment
- Reed Smith LLP
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- United Kingdom
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- May 31 2009
In Nakanishi Kikai Kogyosho Limited v Intermare Transport GmbH 2009 EWHC 994 (Comm) the applicants applied summarily under section 72 of the Arbitration Act 1996 for declarations that they were not a party to arbitration agreements contained in two charterparties, and for an injunction restraining the Defendant from proceeding against them in arbitration
Current Search
- Jurisdiction - United Kingdom
- Workarea - Shipping & Transport
- Workarea - Arbitration
- Workarea - Litigation
- Firm Name - Reed Smith LLP