Lantic Sugar Ltd and Anr v Baffin Investments Ltd (The “Lake Michigan”) – QBD (Com Ct)(Gross J) – 18 December 2009

Arbitration – Commencement – Whether notice of arbitration served in time – Agency - Whether P&I Club had ostensible authority to accept notice on behalf of shipowners - Whether court should extend time for commencement of arbitration

(2010) 786 LMLN 2

Procedure, P and I

Trident International Ltd v American Steamship Owners Mutual Protection and Indemnity Association Inc – US Court of Appeals (2nd Circuit) (Jacobs CJ, Newman and Pooler Ct JJ) – 22 June 2009

P&I Clubs – Cruise ship concessionaire paying cruise line to procure liability coverage under indemnity policy issued by Club – Concessionaire paying medical bills for seaman and making claim on Club – Whether Club entitled to decline claim on basis of “Misdirected Arrow Clause”

(2009) 773 LMLN 3

P and I

Sotrade Denizcilik Sanayi Ve Ticaret AS v Amadou Lo and Ors (The “Duden”) – QBD (Com Ct) (Jonathan Hirst QC sitting as a Deputy Judge of the High Court) – 19 November 2008

Carriage of goods by sea – Arbitration clause incorporated into bills of lading – Damage to cargo – Ship arrested in Senegal by cargo owners and insurers – Cargo owners and insurers refusing to accept P&I Club undertaking – Whether cargo owners in breach of London arbitration clause – Tort – Whether cargo insurers wrongfully induced or conspired with cargo owners to breach London arbitration clause – Whether owners entitled to damages

(2008) 758 LMLN 3

Procedure, Arrest, Damages, Tort Claims, Carriage of Goods & Persons, Loss/Damage, P and I

Ferryways NV v Associated British Ports – QBD (Com Ct) (Teare J) – 14 February 2008

Agency – Undisclosed principal – Contract of employment – Ship operator entering into crew management agreement – Crew management company entering into contract of employment as “Employer” with crew member – Whether crew management company entered into contract of employment as agent for ship operator – Crew member killed by tugmaster vehicle at cargo terminal while engaged in cargo operations – Terminal operator providing services on basis of stevedoring contract – P&I Club paying death benefit and repatriation expenses – Ship operator suing terminal operator for breach of stevedoring contract – Whether ship operator suffered loss – Whether terminal operator entitled to rely on exclusion and limitation clauses in stevedoring contract – Unfair Contract Terms Act 1977

(2008) 738 LMLN 1

Limitation of Liability, Agency, P and I

North American Specialty Insurance Company v Debis Financial Services Inc (The “Atlas”) – US Court of Appeals (5th Circuit) (Davis, Wiener and Prado Ct JJ) – 25 October 2007

The plaintiff insurance company insured a jack-up barge, named the L/B Atlas (“the vessel”) under a policy that contained both hull and machinery coverage and protection and indemnity coverage.

London Arbitration 20/06

Shipowners claimed damages from charterers in an unsafe berth case.

Almatrans SA v The Stream Mutual Underwriting Association (Bermuda) Ltd (The “Tutova”) – QBD (Com Ct) (HH Judge Mackie QC sitting as a Judge of the High Court) – 31 August 2006

On 24 March 1993 the claimant cargo owners (“Almatrans”), a Greek company, petitioned an Italian court for the arrest of the vessel Tutova as security for a cargo claim against the shipowners.

Star Tankers AS and Anr v Methyl Company Ltd and Anr (The “Bow Neptun”) - High Court of South Africa (Durban and Coast Local Div) (Kruger J) - 21 June 2005

The respondents applied in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act No 105 of 1983 (”the Act”) for the arrest of the vessel Bow Neptun as security for proceedings to be pursued by the respondents in London arbitration or in an action before the Commercial Court in Antwerp, Belgium.

MV "Ivory Tirupati" and Anr v Badan Urusan Logistik - Supreme Court of Appeal (Hefer AP, Scott, Farlam, Conradie JJA and Jones AJA) - 29 November 2002

Badan Urusan Logistik ("the respondents") were the owners of a cargo of Indian rice shipped on board the vessel Amer Prabha between India and Indonesia.

Golden Seabird Maritime Inc and Anr v Alam Tenggiri Sdn Bhd and Anr (The "Alam Tenggiri") - Supreme Court of Appeal of South Africa (Hefer ACJ, Scott, Mpati, Mthiyane JJA and Conradie AJA) - 25 September 2001

Disputes arose between the buyers and the sellers of two new building product carriers, the Theano and the Ludovica.

MV 'Ivory Tirupati' v Badan Urusan Logistik - High Court (Cape of Good Hope Provincial Division)(Davis J) - 29 August 2001

Badan Urusan Logistik ("the respondents") were the owners of a cargo of Indian rice shipped on board the vessel Amer Prabha between India and Indonesia.

Aeolian Shipping SA v ISS Machinery Services Ltd (The “Aeolian”) - Court of Appeal (Potter and Mance LJJ and Sir Martin Nourse) - 20 July 2001

The claimant sued under an agreement (“the spares contract”) for the supply by the claimant to the defendants of replacement parts for a turbo-charger previously purchased from the claimant for installation in the defendants’ vessel Aeolian (“the turbo-charger contract”).

Gulf Azov Shipping Co Ltd and Ors v Idisi and Ors (The “Dubai Valour”) - Court of Appeal (Brooke and Longmore LJJ, and Buckley J) - 9 March 2001

On 14 June 1997 a cargo of drilling rigs was loaded on board the vessel Dubai Valour at Kandla, India under a bill of lading which provided for carriage to Sapele in Nigeria.

Coscol Marine Corporation v The owners of the ‘Salina’ and Anr - High Ct of Singapore (Choo Han Teck JC) - 1 October 1999

This action was heard immediately after the action which was the subject of the previous summary.