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

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

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

Conflict of laws – Jurisdiction – Forum non conveniens – Malaysian shipowners seeking to serve Malaysian hull and machinery insurers out of the jurisdiction – Insurance policy governed by English law – Whether England appropriate forum

(2011) 818 LMLN 2

Choice of Forum

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

Practice - Stay - Forum non conveniens - Russian crew member issuing in rem proceedings in New Zealand for arrears of wages - Australian charterers intervening and applying for stay - Whether proceedings should be stayed

(2011) 817 LMLN 3(2)

Choice of Forum, Stay of proceedings

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.

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.

Africa Express Line Ltd v Socofi SA and Anr – QBD (Com Ct) (Christopher Clarke J) – 11 December 2009

The claimant (“AEL”) was a carrier operating refrigerated vessels on a liner service between West Africa and Europe.

Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd (The “Jin Man”) – QBD (Com Ct) (David Steel J) – 24 November 2009

The claimant shipowners chartered their vessels Jin Man and Jin Pu to Daehan Shipping Co Ltd (“the charterers”).

FR Lürssen Werft GmbH & Co KG v Halle – QBD (Com Ct) (Simon J) – 29 October 2009

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.

Ambraco Inc and Anr v Bossclip BV and Ors (The “Clipper Faith”) – US Court of Appeals (5th Circuit) (Garwood, Dennis and Prado Ct JJ) – 28 May 2009

The first plaintiff cargo owners (“Ambraco”) alleged that their cargo of bailer twine carried on board the vessel Clipper Faith from Brazil to New Orleans was damaged while in the custody of the vessel interests or the discharging stevedores.

Polskie Ratownictwo Okretowe v Rallo Vito & C SNC and Anr (The “Catone”) – QBD (Com Ct) (Hamblen J) – 14 September 2009

On 4 February 2009 the fishing vessel Catone grounded outside the port of Lampedusa, Italy.

Compania Naviera Joanna SA and Anr v Koninklijke Boskalis Westminster BV and Anr – US Court of Appeals (4th Circuit) (Niemeyer and Shedd Ct JJ and Thomas D Schroeder DJ) – 26 June 2009

On 8 March 2007 the 107,849 ton containership MSC Joanna, owned by a Panamanian corporation and chartered by MSC, a Swiss corporation, collided with a 33,423 ton dredge, owned and chartered by Netherlands corporations (“Boskalis”).

Mazda Motors of America Inc and Anr v M/V Cougar Ace – US Court of Appeals (9th Circuit) (Susan P Graber, Raymond C Fisher and Milan D Smith Jr Ct JJ) – 8 May 2009

The plaintiffs were the owners and subrogated insurers of a cargo of automobiles carried on board the vessel Cougar Ace from Japan to various US ports.