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

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

Contract – Guarantees – Whether signatory of guarantees had actual or ostensible authority to execute guarantees – Law governing issue of ostensible authority – Whether signatory had ostensible authority on the facts

(2011) 834 LMLN 4

Contractual Disputes

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

Contract – Indemnity – Ship repair contract allocating responsibility for property damage – Vessel suffering fire damage during course of repair works – Whether repairer liable to indemnify shipowner

(2011) 832 LMLN 3

Limitation of Liability, Contractual Disputes

Meritz Fire & Marine Insurance Co Ltd v Jan De Nul NV and Anr - Court of Appeal (Laws, Longmore and Etherton LJJ) - 21 July 2011

The defendants (“the buyers”) were the buyers of dredgers being built by a Korean shipyard (“HWS”) and became obliged to make advance payments of the purchase price of the vessels.

London Arbitration 7/11

The claimant buyers contracted with the respondent sellers to purchase the sellers’ vessel for US$26.55 million.

Riva Bella SA v Tamsen Yachts GmbH (The "Namaste") - QBD (Comm Ct)(Eder J) - 6 June 2011

The claimant buyer, a Luxembourg company, agreed to purchase the super yacht M/Y Namasté from the defendant seller, a German company, pursuant to an agreement dated 14 May 2008.

Röhlig (UK) Ltd v Rock Unique Ltd - Court of Appeal (Sedley, Moore-Bick and Aikens LJJ) - 20 January 2011

Rock Unique Ltd (“the defendant”) purchased a quantity of Indian sandstone from a seller on fob terms.

Oceaneering International AG and Anr v The "Sarah" - Court of Session (Outer House)(Lord Emslie) - 1 December 2010

The petitioners brought proceedings against the respondents in England seeking payment of more than $2 million under an agreement dated 1 April 2009 whereby the petitioners were to provide to the respondents’ offshore intervention vessel Sarah remotely operated vehicle (“ROV”) equipment, systems, services and personnel.

Stellar Shipping Co LLC v Hudson Shipping Lines - QBD (Comm Ct) (Hamblen J) - 18 November 2010

In April 2008 chartering brokers Velos Chartering (“Velos”) approached Maritime Brokers & Consultants Inc (“MBC) who acted for Hudson Shipping Lines (“Hudson”), in relation to a suitable vessel for the carriage of coal in bulk from Vietnam to Egypt.

Oceanconnect UK Ltd and Anr v Angara Maritime Ltd (The “Fesco Angara” (No 2)) – Court of Appeal (Rix and Gross LJJ and Peter Smith J) – 12 October 2010

On 3 July 2008 the vessel Fesco Angara was time-chartered by Angara, a Marshall Islands company, to Britannia Bulkers A/S, Denmark (“Britannia”) on an amended NYPE form.

AerCap Partners 1 Ltd v Avia Asset Management – QBD (Com Ct) (Gross LJ) – 7 October 2010

By an Aircraft Sale and Purchase Agreement dated 17 October 2008 the claimant (“AerCap”) agreed to sell to the defendant (“Avia”) two Boeing 757-200 aircraft for a price of US$15.4 million each.

Azimut-Benetti SpA v Healey – QBD (Com Ct) (Blair J) – 3 September 2010

By a Yacht Construction Contract dated 25 September 2008, the claimant yacht builder agreed to construct, and Shoreacres Ltd agreed to buy, a white 60 metre yacht with a hull number FB256.

Berezovsky and Anr v Edmiston and Anr (The “Darius”) – QBD (Com Ct)(Field J) – 26 July 2010

In early 2004 the first claimant (“Mr Berezovsky”) entered into discussions with a German shipyard (“FLW”) in respect of a proposed newbuild 110m super yacht to be named Darius .