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Shipping E-brief February 2023

News / / London

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

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News / Court of Appeal finds arbitration agreement ‘subject’ to charterparty being concluded

12-12-2022 / Maritime

The Court of Appeal has held that a proposed charterparty which was expressly stated to be ‘subject shippers/receivers approval’ did not contain a binding arbitration agreement conferring jurisdiction on the Tribunal to determine whether the charterparty had been properly concluded.

Court of Appeal finds arbitration agreement ‘subject’ to charterparty being concluded

News / Court confirms applicable package limit when cargo interests have to pay salvage

23-01-2023 / Maritime

Court confirms applicable package limit when cargo interests have to pay salvage Trafigura Pte Ltd v. TKK Shipping Pte Ltd (Thor Lineage) [2023] EWHC 26 (Comm)

Court confirms applicable package limit when cargo interests have to pay salvage

News / Court considers scope of charterparty provision restricting deductions from hire

30-01-2023 / Maritime, Yachts & Superyachts

The Court recently considered the following question: “Where a charterparty clause provides that no deductions from hire (including for off-hire or alleged off-hire) may be made without the shipowner’s consent: is non-payment of hire a ‘deduction’ if the Vessel is off hire at the instalment date?”

Court considers scope of charterparty provision restricting deductions from hire

News / Court declines anti-enforcement injunction in charterparty dispute

19-12-2022 / Maritime

In a charterparty dispute, the Court has declined to grant an anti-enforcement injunction in respect of foreign proceedings because it found that there was no binding arbitration agreement between the parties. The decision also highlights that delay can be a bar to the grant of an anti-suit injunction. Read Peter McNamee and Reema Shour’s article for an analysis of the Court’s conclusions.

Court declines anti-enforcement injunction in charterparty dispute

News / Widely worded no-assignment clause shuts out insurer’s claims

24-01-2023 / Insurance

An insurer that paid out on a claim brought by its assured, the buyer of aircraft under an English law sale contract, has been prevented from making a recovery against the seller because the sale contract incorporated a widely worded no-assignment clause.

Widely worded no-assignment clause shuts out insurer’s claims