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

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

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

Conflict of laws – Jurisdiction – Claimant shipowners entering charterparties containing English jurisdiction clause – Claimants alleging fraud on part of charterers – Claimants alleging that defendant was alter ego of chartering companies and perpetrated the fraud – Claimants seeking to pierce corporate veil to hold defendant liable – Claimants relying on English jurisdiction clause in charterparties to establish jurisdiction against defendant – Whether English law or EU law governed issue of identity of parties to relevant contracts – Whether claimants and defendant consented to English jurisdiction – Article 23 of Regulation EC No 44/2001

(2011) 816 LMLN 2

Choice of Law

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.

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.

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

Parkroad Corporation (“Parkroad”), the Korean sub-time charterer of the Cyprus flag bulk carrier Nordems , placed an order in Korea with the plaintiff, an American bunker supplier, for the purchase of bunkers which were taken onboard the vessel in South Africa.

National Navigation Co v Endesa Generacion SA (The “Wadi Sudr”) – Court of Appeal (Waller, Carnwath and Moore-Bick LJJ) – 17 December 2009

In January 2008 the vessel Wadi Sudr discharged a cargo of coal at Carboneras, Spain, some way short of the contractual port of discharge stated in the bill of lading under which it was being carried.

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.

Great Lakes Reinsurance (UK) Plc v Durham Auctions Inc (The “Time Out”) – US Court of Appeals (5th Circuit)(King, Garwood and Davis Ct JJ) – 9 October 2009

The defendant, a Mississippi corporation whose principal place of business was in Mississippi, was the owner of the motor yacht Time Out which was insured for hull cover by the plaintiff insurers, a United Kingdom insurance company.

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

(2009) 767 LMLN 1

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.