Tsavliris Salvage (International) Ltd v The Grain Board of Iraq (The “Altair”) – QBD (Com Ct) (Gross J) – 1 April 2008
Arbitration – Jurisdiction – Salvor carrying out salvage services on Lloyd’s Standard Form containing London arbitration clause – Arbitrator making salvage award against cargo interests – Arbitrator identifying cargo interests as Iraq public sector body – Whether arbitrator had jurisdiction to make award – Whether cargo interests bound by arbitration clause – Sovereign immunity – Whether award to be enforced as judgment – Whether salvor entitled to freezing injunction
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. On 1 September 2006 the owners of the vessel entered into a salvage agreement with Tsavliris on a Lloyd’s Standard Form of Salvage Agreement, 2000 edition (“the LOF”). The LOF was signed at Piraeus by a representative of Tsavliris and, purportedly on behalf of the “property” to be salved, by an employee of the vessel’s managers, acting on behalf of the shipowners. The vessel was successfully refloated on 7 September.
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Michael Daiches, Barrister
Apr 23 2008
