Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd and Anr – Court of Appeal (Rix and Tomlinson LJJ and Sir Mark Waller) – 9 March 2012

Contract – Guarantee – Whether only enforceable where contract contained in a single document signed by the guarantor – Statute of Frauds 1677 – Whether guarantee contemplated execution of further document – Whether guarantee “signed” – Proper law of warranty of authority

(2012) 845 LMLN 1

Contractual Disputes

Great Eastern Shipping Co Ltd v Far East Chartering Ltd and Anr (The “Jag Ravi”) – Court of Appeal)(Longmore, Tomlinson and Davis LJJ) – 9 March 2012

Contract – Letter of indemnity – Shipowners delivering cargo without production of bills of lading – Whether shipowners entitled to enforce letter of indemnity issued by receivers – Whether delivery constituted “delivery” under letter of indemnity – Whether receivers entitled to rely on defence of public policy – Contracts (Rights of Third Parties) Act 1999

(2012) 844 LMLN 1

Contractual Disputes, Sale of Goods

YM Mars Tankers Ltd v Shield Petroleum Co (Nigeria) Ltd and Anr (The “YM Saturni”) – QBD (Com Ct)(Gloster J) – 27 February 2012

Practice – Anti-suit injunction – Cargo receivers bringing claim against shipowners in Nigeria for US$13 million – Shipowners obtaining anti-suit injunction on basis of charterparty “Law and Litigation Clause” providing for English High Court jurisdiction for claims exceeding US$50,000 and for London arbitration for claims below that amount – Receivers applying to discharge injunction – Whether bill of lading incorporating terms of governing charterparty “including the Law and Arbitration Clause” had effect to incorporate the “Law and Litigation Clause” – Whether injunction should be discharged

(2012) 844 LMLN (2)2

Charterparty, Injunctions and Remedies

Star Reefers Pool Inc v JFC Group Co Ltd – Court of Appeal (Rix, Sullivan and Lewison LJJ) – 20 January 2012

Practice – Anti-suit injunction – Defendant guaranteeing charterers’ obligations – Owners bringing claims against defendant in England – Defendant bringing proceedings in Russia – Whether defendant’s conduct vexatious – Whether anti-suit injunction should be continued

(2012) 840 LMLN 2

Practice & Procedure, Injunctions and Remedies

Dominion Bulk Chartering Ltd v America Metals Trading LLP – US Court of Appeals (2nd Circuit)(Dennis Jacobs CJ, Pierre N Leval and Robert A Katzmann Ct JJ) – 18 April 2011

Practice – Rule B Attachment – Foreign company avoids maritime attachment by registering with New York Department of State and appointing resident agent

Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Ors (The “Alexandros T”) – QBD (Com Ct) (Burton J) – 19 December 2011

On 15 August 2006 the claimant (“Starlight”), owner of the vessel Alexandros T, sued seven underwriters arising out of the loss of the vessel on 3 May 2006 (“the original action”). Overseas Marine Enterprises Inc (“OME”) were identified in the policies as Managers. The insurance policies contained an exclusive English jurisdiction clause.

MIOM 1 Ltd and Anr v Sea Echo ENE – QBD (Admlty Ct) (Teare J) – 26 October 2011

On 8 December 2010 the court gave judgment in a collision action brought by the claimants against the defendant where the claimants’ claim far exceeded that of the defendant’s.

Dawkins v Carnival plc – Court of Appeal (Pill, Moore-Bick and Aikens LJJ) – 27 October 2011

The claimant was a passenger on the defendant’s cruise ship Oriana.

Rimpacific Navigation Inc v Daehan Shipbuilding Co Ltd (The “Jin Man”)(No 2) – QBD (Com Ct)(Teare J) – 14 October 2011

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

National Shipping Company of Saudi Arabia v BP Oil Supply Company (The “Abqaiq”) – Court of Appeal (Ward and Tomlinson LJJ and Sir Mark Potter) – 12 October 2011

The VLCC Abqaiq was chartered on terms of the BPVOY 4 charter as amended for a voyage from Freeport, Bahamas, to Singapore.

Acergy Shipping Ltd v Société Bretonne De Reparation Navale SAS (The “Acergy Falcon”) – QBD (Com Ct)(David Steel J) – 5 October 2011

The claimant owner of the vessel Acergy Falcon agreed with the defendant ship repair yard for the provision of dry-docking services to the vessel.

Farstad Supply AS v Enviroco Ltd (The “Far Service”)(No 2) – Court of Session (Outer House)(Lord Hodge) – 14 September 2011

The pursuer (“Farstad”) sued the defender (“Enviroco”) for £2,514,761 in damages for loss which it sustained when a fire broke out on the oil rig supply vessel Far Service in Peterhead harbour on 7 July 2002.

African Fertilizers and Chemicals NIG Ltd (Nigeria) v BD Shipsnavo GmbH & Co Reederei KG (The "Christian D") - QBD (Comm Ct) (Beatson J) - 29 September 2011

Disputes arose between shipowners and cargo owners under a bill of lading issued in respect of cargo carried onboard the vessel Christian D following the grounding of the vessel in Romanian waters and the subsequent declaration of General Average.