Saldanha v Fulton Navigation Inc (The "Omega King") - QBD (Admlty Ct)(Jervis Kay QC, Admiralty Registrar) - 10 May 2011

Conflict of laws - Jurisdiction - Forum non conveniens - Indian crewmember of foreign-flagged vessel sustaining personal injury when vessel at anchor in United Kingdom territorial waters - Crewmember obtaining default judgment against shipowner - Shipowner challenging jurisdiction - Whether relevant jurisdiction that of vessel's flag or of littoral state - Whether forum non conveniens - Whether default judgment should be set aside

(2011) 822 LMLN 2

Conflict of Laws, Choice of Law, Choice of Forum, Tort Claims

Pacific Merchant Shipping Association v Goldstene - US Court of Appeals (9th Circuit)(Cowen, Tashima and Silverman Ct JJ) - 28 March 2011

Conflict of laws - California enacting regulations requiring use of clean marine fuels by vessels operating within 24 miles of California - Plaintiff challenging regulations on constitutional grounds - Whether regulations invalidated by US federal law - Whether plaintiff entitled to summary judgment

(2011) 821 LMLN 2(2)

Choice of Law, Criminal Issues

Albemarle Corporation and Anr v AstraZeneca UK Ltd - US Court of Appeals (4th Circuit)(Niemeyer and King Ct JJ Robert J Conrad Jr Chief US DJ for WD North Carolina) - 8 December 2010

Conflict of laws - Forum selection clause - Whether US court should give effect to English forum selection clause in international contract for sale of chemical

(2011) 820 LMLN 3(1)

Choice of Forum

Tryggingarfelagio Foroyar P/F v CPT Empresas Maritimas SA (The "Athena") - QBD (Admlty Ct)(David Steel J) - 16 March 2011

Conflict of laws - Jurisdiction - Trawler catching fire off Chilean coast - Shipowners contracting with Chilean salvors for provision of fire-fighting services - Whether contract incorporated BIMCO Wreckhire form

(2011) 818 LMLN 1

Choice of Law

Mujur Bakat Sdn Bhd and Anr v Uni Asia General Insurance Berhad and Ors (The "Mujur 1") - QBD (Comm Ct)(Eder J) - 18 March 2011

The first and second claimants, both Malaysian companies, were respectively the owners and managers of the vessel Mujur 1 .

Udovenko v The ship "Pelican" - High Court of New Zealand in Admiralty (Gendall J) - 8 November 2010

The plaintiff, a crew member of the vessel Pelican and a resident of New Zealand, brought an in rem claim against the vessel for wages, superannuation and damages.

Antonio Gramsci Shipping Corporation and Ors v Stepanovs - QBD (Com Ct)(Burton J) - 25 February 2011

In Antonio Gramsci Shipping Corporation and Ors v Recoletos Ltd and Ors (“the Corporate Defendants’ action”) 30 “one ship” companies, all in the ultimate beneficial ownership of the Latvian Shipping Company (“LSC”), brought proceedings against five companies (“the Corporate Defendants”).

Cosco Bulk Carrier Co Ltd v Armada Shipping SA and Anr (The "Spar Sirius") - Ch D (Briggs J) - 11 February 2011

On 3 September 2009 Cosco Bulk Carrier Co Ltd (“Cosco”), as disponent owners, chartered the vessel Spar Sirius to Armada Shipping SA (“Armada”) under a time charter on the NYPE form as amended (“the head charter”).

Star Reefers Pool Inc v JFC Group Co Ltd - QBD (Comm Ct)(Teare J) - 23 November 2010

By two separate charterparties concluded in April and July 2008 the claimant owners chartered three of their vessels to Kalistad Ltd.

The Representative of Lloyd's and Ors v Classic Sailing Adventures (Pty) Ltd (The "Mieke") - Supreme Court of Appeal of South Africa (Harms, Lewis, Cachalia and Malan JJA and Griesel AJA) - 31 May 2010

Classic Sailing owned the schooner Mieke which was insured with Lloyd’s under a hull policy expressly governed by English law and which covered loss or damage to the vessel caused inter alia , by any latent defect in the machinery or hull, provided that the loss or damage was not the result of “want of due diligence by the Assured, Owners or Managers”.

Reino de Espana v The American Bureau of Shipping and Ors – US District Court (SDNY) (Laura Taylor Swain DJ) – 3 August 2010

On 19 November 2002 the oil tanker Prestige, registered in the Bahamas, sank off the coast of Spain.

AIG Europe SA and Anr v MIH Scrap Metals International LLC and Ors - US District Court (Western District of New York) (Richard J Arcara DJ) – 6 July 2010

On 20 March 2007 the second plaintiff (“Luvata”), a Delaware corporation with its principal place of business in Buffalo, New York, contracted with defendants MIH Scrap Metals International LLC and/or MIH Cathode Trading LLC (collectively “MIH”) for the purchase of 1,500 mts of copper cathodes.

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.

FR Lurssen Werft GmbH & Co KG v Halle – Court of Appeal (Thorpe and Aikens LJJ and Sir Paul Kennedy) – 23 April 2010

On 15 April 2005 the claimant, a German shipbuilding company, entered into a contract (“the Construction Contract”) with the defendant, an American citizen resident in the State of Florida, for the construction by the claimant of a 20m motor yacht for an adjustable price of €48m.