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Shipping E-brief May 2022

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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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News / Court dismisses financing bank’s misdelivery claim for lack of title to sue

04-05-2022 / Maritime

Unicredit Bank AG v. Euronav NV (Sienna) [2022] EWHC 957 (Comm) This was a claim brought by a bank that financed the purchase of a cargo and subsequently sought to recover damages for misdelivery following discharge of the cargo without production of the original bill of lading. The claim failed because, in the circumstances of this case, the bill of lading that had been endorsed to the Bank did not contain or evidence the contract of carriage in respect of the cargo.

Court dismisses financing bank’s misdelivery claim for lack of title to sue

News / Court dismisses appeal from arbitration award that challenged findings of fact

09-05-2022 / Maritime

Laysun Service Co Limited v. Del Monte International GMBH [2022] EWHC 699 (Comm) This was a dispute under a contract of affreightment, in which the arbitral tribunal made an award in the Charterers’ favour. The Owners subsequently appealed, alleging that the tribunal had erred in its findings on issues of law. The Court, however, dismissed the challenge, concluding that the Owners were in fact seeking to impugn the arbitrators’ findings of fact, which were not open for appeal.

Court dismisses appeal from arbitration award that challenged findings of fact

Insights / Court corrects obvious accounting mistake in arbitration award

27-04-2022 / Maritime

In a charterparty dispute, the Court has set aside part of an arbitration award on the grounds that the arbitrator reached a conclusion that was contrary to the common position of the parties, and for which neither party contended, without providing an opportunity for the parties to address him on the issue. In the circumstances, this represented a failure to conduct the proceedings fairly. The decision provides useful guidance on how to proceed where a tribunal makes an obvious mistake in its award but declines to remedy it.

Court corrects obvious accounting mistake in arbitration award

Insights / Court considers termination provisions and equitable relief against forfeiture under bareboat charters

08-04-2022 / Maritime

OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWHC 452 (Comm)

Court considers termination provisions and equitable relief against forfeiture under bareboat charters

Insights / Court finds interim relief obtained from foreign court breached arbitration agreement

26-04-2022 / Maritime

The English Court has granted an anti-suit injunction to restrain court proceedings brought in Brazil because they breached a charterparty arbitration provision. Anti-suit relief was appropriate because the relief obtained from the Brazilian Court had not been sought in support of substantive proceedings elsewhere but in effect amounted to a determination that left nothing substantive to be decided in arbitration.

Court finds interim relief obtained from foreign court breached arbitration agreement

News / Electronic trade documents: the Law Commission’s recommended reforms

09-05-2022 / Maritime

The Law Commission of England and Wales has now published its final report on electronic trade documents, together with draft legislation for intended presentation to Parliament by May 2022.

Electronic trade documents: the Law Commission’s recommended reforms