The "Sahand" - High Court (Quentin Loh J) - 31 January 2011

Admiralty jurisdiction - Iranian vessels arrested by French bank - Shipowners asserting that bank had been fully paid all sums due - Shipowners applying for release of vessels - Whether vessels affected by United Nations sanctions against Iran - Whether vessels subject to UN Security Council freeze on Iranian assets

(2011) 822 LMLN 4

Arrest

Transnet Ltd v The Owner of the mv "Alina II" - High Court of South Africa (Western Cape High Court, Cape Town)(Griesel J) - 20 October 2010

Admiralty practice - Claimant port operator alleging that vessel's unseaworthiness caused delays and resulted in claimant losing business - Claimant bringing in rem proceedings and arresting vessel - Claimant subsequently wishing to bring in personam proceedings based on same causes of action - Claimant arresting vessel to confirm or found jurisdiction for in personam proceedings - Whether arrest an abuse of process � Whether arrest should be set aside

(2011) 818 LMLN 3

Arrest

Melinda Holdings SA v Hellenic Mutual War Risks Association (Bermuda) Ltd (The "Silva") - QBD (Com Ct)(Burton J) - 18 February 2011

Marine insurance – War risks insurance – Vessel arrested and detained by Egyptian court to enforce court dues owed in respect of unconnected vessel – Vessel becoming constructive total loss by reason of detention – Whether insurers entitled to rely on exclusion of “ordinary judicial process” – Whether shipowners in breach of sue and labour clause

(2011) 816 LMLN 1

Arrest, Insurance & Finance

Oceaneering International AG and Anr v The "Sarah" - Court of Session (Outer House)(Lord Emslie) - 1 December 2010

Admiralty jurisdiction - Petitioners agreeing to supply remotely operated vehicle (ROV) to respondents' offshore intervention vessel - Petitioners seeking to arrest vessel as security for claims under the agreement - Whether claim arising out of "the supply of goods or materials to a ship for her operation or maintenance" or "the construction, repair or equipment of any ship" - Administration of Justice Act 1956, section 47(2)

(2011) 813 LMLN 2

Arrest, Contractual Disputes

Alpha Trading Monaco SAM v The ship “Sarah Desgagnés” and Ors – Federal Ct (Harrington J) – 24 June 2010

The Sarah Desgagnés , a Canadian-flagged vessel, owned by Transport Desgagnés Inc (“the owners”), and under time charter to Petro-Nav Inc, was under subtime charter in the Shelltime 4 form to Maritima Fluviale Di Navigazione SpA of Genoa, Italy (“MFN”).

London Arbitration 18/10

The vessel was chartered on the Sugar Charter Party 1999 form for the carriage of “a full and complete cargo of 13,100 net metric tons minimum/maximum of sugar in loose 50 kg bags” from Santos to Tartous.

London Arbitration 3/10

The ship was chartered to carry a cargo of “min/max 2972 mts steel plates in bundles”.

The “Catur Samudra” – High Court of Singapore (Steven Chong JC) – 15 January 2010

The plaintiff was the registered owner of the vessel Mahakam .

Lauritzen Bulkers A/S v The MV “Chenebourg” – Kwazulu-Natal High Court (Kruger J) – 26 November 2009

The plaintiff was the charterer of the vessel Sunny Glory from Sunwoo Merchant Marine (Sunwoo MM).

The “Vogerunner” – High Court of South Africa (Western Cape High Court, Cape Town) (Binns-Ward J) – 28 October 2009

The vessel Vogerunner was chartered by disponent owners Transfeld ER Cape Ltd (“Transfeld”) to Billion Gain Enterprise Co (HK) Ltd (“BG”), on an amended NYPE form expressly governed by English law.

Independent Fisheries Ltd v The Fishing Vessel “Altair II” – High Court of New Zealand (Christchurch Registry) (Hugh Williams J) – 10 July 2009

In 1992 the plaintiff (“IFL”) concluded a joint venture agreement with Dalmor SA of Poland (“Dalmor SA”) whereby the joint venture would charter a commercial fishing vessel and its crew from Dalmor SA, and IFL would provide deep water quota within the New Zealand Fishery Economic Zone and would process the catch. That arrangement continued until 1996 using the vessel Dalmor II, owned by Deep-Sea Fishing Company Dalmor Ltd (“Dalmor”).

Bulkship Union SA v Qannas Shipping Co Ltd and Anr (The “Cape Courage”) – Supreme Court of Appeal of South Africa (Farlam and Maya JJA, Hurt, Leach and Griesel AJJA) – 1 June 2009

Disputes arose out of the contract of the sale of the vessel Pearl of Fujairah under a Memorandum of Agreement governed by English law.

Galsworthy Ltd v Pretty Time Shipping SA and Ors (The “Pretty Time”) – High Court of South Africa (Kwa-Zulu High Court, Durban) (Levinsohn AJP) – 30 April 2009

The applicant shipowners (“Galsworthy”) asserted that they had concluded a charterparty of their vessel Canton Trader with Parakou Shipping Pte Ltd of Singapore (“Parakou”).