World Fuel Services Corporation v The Ship "Nordems" and Others - Federal Court of Appeal (Létourneau, Nadon and Trudel JJA) - 25 February 2011

Admiralty jurisdiction - Maritime lien - American bunker suppliers providing bunkers to Korean time charterers of German-owned vessel in South Africa - Bunker supply contract governed by American law - Whether shipowners personally liable - Whether maritime lien created on vessel - Agency - Conflict of laws

(2011) 818 LMLN 2(2)

Lien, Agency

World Fuel Services Corporation v The Ship “Nordems” and Others – Federal Court (Harrington J) – 25 March 2010

Admiralty jurisdiction – Maritime lien – American bunker suppliers providing bunkers to Korean time charterers of German-owned vessel in South Africa – Bunker supply contract governed by American law – Whether shipowners personally liable - Whether maritime lien created on vessel – Agency - Conflict of laws

(2010) 793 LMLN 2

Choice of Law, Lien

Brother Unity Maritime SA v Dongkuk Steel Mill Co Ltd – US District Court (SDNY) (Robert J Patterson Jr DJ) – 6 February 2009

Admiralty jurisdiction – Attachment – Lien on subfreights and sub-hires – Shipowners alleging time-charterers failed to pay hire – Shipowners seeking attachment of cargo owners’ assets pursuant to lien clause – Whether shipowners entitled to attachment

(2009) 778 LMLN 4

Lien

Rail Equipment Leasing Pty Ltd v CV Scheepvaartonderneming Emmagracht (The “Emmagracht”) – New South Wales Supreme Court (Rein J) – 2 September 2008

Carriage of goods by sea – Cargo carried from Denmark to Australia – Carrier exercising lien on cargo – Whether contractual jurisdiction clause enforceable – Whether lien validly exercised – Carriage of Goods by Sea Act 1991, Admiralty Act 1988

(2009) 761 LMLN 1

Lien, Carriage of Goods & Persons

Trans-Tec Asia v M/V “Harmony Container” – US Court of Appeals for the Ninth Circuit (Alex Kozinski CJ, A Wallace Tashima and M Margaret McKeown Ct JJ) – 11 March 2008

The defendant, a Malaysian company, owned the vessel Harmony Container, which was Malaysian-flagged. The vessel was let out on time-charter. The plaintiff bunker suppliers, a Singapore company, supplied bunkers to the vessel at Busan, South Korea, pursuant to a request from the time-charterers.

Triton Marine Fuels Ltd v M/V “Pacific Chukotka” – US District Court for the District of Maryland (Frederick Motz DJ) – 31 August 2007

On 30 December 2005 Green Pacific A/S, a Norwegian company, bareboat chartered the vessel Pacific Chukotka, registered in Malta, to Intertransport Company LLC, a Russian company, who sub-chartered the vessel to Emerald Reefer Lines Ltd (“ERL”), a Cayman Islands company.

Samsun Logix Corporation v Oceantrade Corporation – QBD (Com Ct) (Gross J) – 18 October 2007

On 8 February 2005 Deval Denizcilik Ve Ticaret AS (“Deval”) chartered their vessel Orhan Deval to Oceantrade Corporation (“OTC”) on an amended NYPE form, clause 18 of which gave the owners a lien on sub-freights. OTC sub-voyage-chartered the vessel to Helm AG (“Helm”).

London Arbitration 20/07

The vessel was chartered on an amended NYPE form for a period of “minimum/maximum of 3/5 months in charterers’ option …”. Disputes arose under the charter.

Dresdner Bank AG and Ors v The M/V “Olympia Voyager” – US Court of Appeals (11th Circuit) (Dubina, Marcus and Cox Ct JJ) – 27 September 2006

The cruise ship Olympia Voyager was owned by Olympic World Cruises (“OWC”) and entered with Steamship Mutual Underwriting Association (Bermuda) Ltd (“the Club”) which provided P&I insurance to vessels owned by OWC including the Olympia Voyager.

Bominflot Inc and Anr v The M/V “Heinrich S” – US Court of Appeals (4th Circuit)(Widener, Williams and King Ct JJ) – 4 October 2006

Bominflot delivered bunkers to the vessel Heinrich S in February and March 2003.

Vestoil Ltd v M/V M Pioneer and Anr - US Ct of Appeals (11th Circuit) (Birch, Carnes and Barkett Ct JJ) - 19 September 2005

Vestoil, a Cyprus corporation with its principal place of business in Greece, supplied fuel oil to the vessel M Pioneer at a location near Singapore. At the time, the vessel flew under the Panamanian flag and was owned by defendant Financial Shipping, a Maltese corporation based in Italy.

ICS Petroleum (Montreal) Ltd v Les Dauphins Du St-Laurent and Ors - Federal Ct (Hargrave P) - 25 February 2005

The plaintiff ("ICS") brought an in rem claim for $84,840.01 for marine gas oil and lubricating oil supplied by it at the request of defendant Les Dauphins du St-Laurent Ltée ("Les Dauphins").

Lykes Lines Ltd and Anr v M/V "BBC Sealand" and Ors - US Ct of Appeals (5th Circuit)(King CJ, Higginbotham and Davis Ct JJ) - 18 January 2005

L, the owners of cargo, contracted with a company ("AP") to transport cargo from Brazil to Puerto Cabello, Venezuela and to Houston, Texas at a price of $210,600.

London arbitration 34/04

The vessel was chartered on the Shelltime 4 form by which the claimant owners let the vessel to the respondent charterers for 12 months with options for further periods.