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Shipping E-brief January 2021

Insights /

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

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Insights / Cargo owners liable to pay contribution in general average in respect of ransom payment to pirates

08-12-2020 / Maritime

Herculito Maritime Ltd and others v. Gunvor International BV and others (mv Polar) [2020] EWHC 3318 (Comm)

Cargo owners liable to pay contribution in general average in respect of ransom payment to pirates

Insights / Court construes bill of lading and LOU arbitration provisions together

19-01-2021 / Maritime

This was a cargo damage claim which raised the issue of whether the P&I Club’s letter of undertaking amended the arbitration agreement contained in the bills of lading.

Court construes bill of lading and LOU arbitration provisions together

Insights / Court of Appeal finds experts had conflict of interest that breached client retainer

22-01-2021 / Maritime

The Court of Appeal has agreed with the lower Court that separate entities within an international group of companies should not be permitted to act as experts for different parties in related arbitrations.

Court of Appeal finds experts had conflict of interest that breached client retainer

Insights / Rescission of charterparty: when words speak as loudly as actions

21-12-2020 / Maritime

SK Shipping Europe PLC v. (3) Capital VLCC 3 Corp and (5) Capital Maritime and Trading Corp (C Challenger) [2020] EWHC 3448 (Comm)

Rescission of charterparty: when words speak as loudly as actions

Insights / Anti-suit injunction granted where foreign proceedings breached London arbitration agreement in contracts of carriage

27-01-2021 / Maritime

Ulusoy Denizilik AS v. COFCO Global Harvest (Zhangjiagang) Trading Co Ltd (Ulusoy-11) [2021] EWHC 3645 (Comm)

Anti-suit injunction granted where foreign proceedings breached London arbitration agreement in contracts of carriage

Insights / Court finds state had no immunity in respect of salvage claim

23-12-2020 / Maritime

Argentum Exploration Limited v. The silver and all persons claiming to be interested in and/or to have rights in respect of the silver [2020] EWHC 3434 (Admty)

Court finds state had no immunity in respect of salvage claim

Insights / Supreme Court checks out of Orient Express Hotel

19-01-2021 / Insurance

On 15 January 2020, the Supreme Court handed down its judgment in this test case that was initiated by the Financial Conduct Authority (“”FCA”) in order to determine a number of common coverage issues pertaining to the correct response of non-damage business interruption policies to the Covid-19 pandemic.

Supreme Court checks out of Orient Express Hotel