Five Oceans Salvage Ltd v Wenzhou Timber Group Co (The “Medea K”) – QBD (Com Ct)(Field J) – 23 November 2011

Arbitration – Jurisdiction – Serious irregularity – Salvage arbitrator making award against respondent cargo owners – Cargo owners contending they had not authorised representatives to act for them in the arbitration – Whether arbitrator retained jurisdiction to remedy alleged breach of natural justice – Whether innocent failure by arbitrator to give cargo owners opportunity of putting their case constituted serious irregularity – Arbitration Act 1996, sections 32 and 68

(2012) 838 LMLN 2

Jurisdiction

African Fertilizers and Chemicals NIG Ltd (Nigeria) v BD Shipsnavo GmbH & Co Reederei KG (The "Christian D") - QBD (Comm Ct) (Beatson J) - 29 September 2011

Arbitration - Award - Enforcement - Whether court has jurisdiction to enforce a purely declaratory award - Whether order constituted a "judgment" - Arbitration Act 1996 section 66, Council Regulation (EC) No 44/2001 Article 34(3)

(2011) 831 LMLN 1

Jurisdiction, Awards, Jurisdiction and Enforcement

TTMI Sarl v Statoil ASA (The "Sibohelle") - QBD (Com Ct)(Beatson J) - 9 May 2011

Arbitration - Jurisdiction - Claimant owners bringing demurrage claim - Claimants relying on Shellvoy 5 form containing London arbitration clause - No charterparty drawn up - Defendants disputing they had concluded a contract with claimants and relying on fixture recap which specified a different party as owners - Whether binding charterparty concluded - Whether charterparty created by performance - Whether arbitrator had jurisdiction to determine demurrage claim

(2011) 823 LMLN 2

Jurisdiction, Laytime and Demurrage

West Tankers Inc v Allianz SpA and Anr (The "Front Comor")(No 2) - QBD (Com Ct)(Field J) - 6 April 2011

Arbitration - Award - Enforcement - Whether court had jurisdiction to enforce declaratory arbitration award as a judgment under section 66 of the Arbitration Act 1996

(2011) 819 LMLN 2

Jurisdiction, Awards, Collision

Easybiz Investments v Sinograin Oils Corporation and Anr (The "Biz") - QBD (Comm Ct) (Hamblen J) - 7 September 2010

On 12 May 2008 the motor vessel Biz lost her rudder whilst laden with crude degummed soya bean oil in bulk.

Guangzhou Dockyards Co Ltd v ENE Aegiali I - QBD (Comm Ct) (Blair J) - 5 November 2010

The claimant dockyard entered into an agreement with the defendant shipowners whereby the claimant agreed to convert the defendants’ VLCC into a VLOC (Very Large Ore Carrier).

Stellar Shipping Co LLC v Hudson Shipping Lines - QBD (Comm Ct) (Hamblen J) - 18 November 2010

In April 2008 chartering brokers Velos Chartering (“Velos”) approached Maritime Brokers & Consultants Inc (“MBC) who acted for Hudson Shipping Lines (“Hudson”), in relation to a suitable vessel for the carriage of coal in bulk from Vietnam to Egypt.

Kelso Enterprises Ltd and Anr v A P Moller-Maersk A/S and Ors - US Court of Appeals (2nd Circuit)(Walker, Straub and Livingston Ct JJ) – 27 April 2010

The issue on this appeal was whether the district court was correct to grant Kelso’s motion to compel arbitration.

Norscot Rig Management PVT Ltd v Essar Oilfields Services Ltd – QBD (Com Ct) (Burton J) – 12 February 2010

During 2006 the defendant approached the claimant for assistance in connection with the defendant’s bid for a drilling contract to be awarded by the Gujarat State Petroleum Corporation Limited (“GSPCL”) for drilling operations off the coast of India.

UR Power GmbH v Kuok Oils and Grains Pte Ltd – QBD (Com Ct) (Gross J) – 31 July 2009

The principal issue before the Court was whether the parties had concluded a binding contract for the sale by UR Power (“URP”) to Kuok of 10,000 mt crude palm oil in bulk, CIF European Port, with a shipment date in Nigeria of 1–30 November 2006.

National Navigation Co v Endesa Generacion SA (The “Wadi Sudr”) – QBD (Com Ct) (Gloster J) – 1 April 2009

(2009) 767 LMLN 1

Youell and Ors v La Réunion Aérienne and Ors – Court of Appeal (Rix, Jacob and Lawrence Collins LJJ) – 11 March 2009

The claimants were London market insurers (“the London market”), and the defendants were French market insurers (“the French market”).

CMA CGM SA v Hyundai Mipo Dockyard Co Ltd – QBD (Com Ct) (Burton J) – 14 November 2008

The defendant (“HMD”) entered into four separate shipbuilding contracts with subsidiaries of ER Schiffahrt GmbH (“ERS”) for the building and sale of four container vessels to be built by HMD.

Tsavliris Salvage (International) Ltd v The Grain Board of Iraq (The “Altair”) – QBD (Com Ct) (Gross J) – 1 April 2008

On 28 August 2006 the vessel Altair, laden with a cargo of wheat, grounded on sand and shingle in Kuwaiti waters close to her destination of Umm Qasr.