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

Linsen International Ltd and Ors v Humpuss Sea Transport Pte Ltd and Ors - QBD (Comm Ct)(Flaux J) - 14 September 2011

Practice - Freezing injunction – Piercing of corporate veil - Whether corporate abuse - Whether veil could be pierced so as to make certain defendants liable under underlying charterparties and guarantees - Whether injunction should be continued

(2011) 831 LMLN 3

Injunctions and Remedies

London Arbitration 3/11

Sale of ship - Damages - Buyers obtaining injunction restraining sellers from dealing with vessel - Injunction preventing delivery of ship - Buyers held to be in repudiatory breach of MacKay v Dick implied term of MOA - Buyers forfeiting deposit - Sellers claiming damages for loss of charterparty earnings - Causation - Whether claim to be assessed on basis that buyers would have taken delivery of vessel - Whether credit to be given for deposit - Whether sellers to give credit for difference between contract price and market value of ship

(2011) 825 LMLN 2

Arbitration, Sale of ship, Charterparty, Injunctions and Remedies, Damages

Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft - QBD (Com Ct)(Hamblen J) - 1 February 2011

On 5 November 2009 the claimant issued proceedings in the English courts against the defendant, a Hungarian company, for allegedly unpaid debts approaching £2 million for the manufacture and delivery of oil well equipment.

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.

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.

Alpha Trading Monaco SAM v The ship “Sarah Desgagnés” and Ors – Federal Ct (Harrington J) – 24 June 2010

The Sarah Desgagnés , a Canadian-flagged vessel, owned by Transport Desgagnés Inc (“the owners”), and under time charter to Petro-Nav Inc, was under subtime charter in the Shelltime 4 form to Maritima Fluviale Di Navigazione SpA of Genoa, Italy (“MFN”).

Louis Dreyfus Commodities Kenya Ltd v Bolster Shipping Co Ltd (The “Georgis Carras”) – QBD (Com Ct)(Tomlinson J) – 14 July 2010

The claimant (“LDCK”) was the shipper of a cargo of 5,000 mts South African White Corn fit for human consumption on the vessel Georgis Carras under a bill of lading issued by the defendant (“owners”) which incorporated a London arbitration clause.

Hornbeck Offshore Services LLC and Ors v Salazar and Ors (US District Court)(ED Louisiana) (Feldman DJ) – 22 June 2010

On 28 May 2010, following the explosion to the BP Deepwater Horizon drilling platform on 20 April 2010 and resulting devastation, the Federal Government imposed a six-month moratorium on deepwater drilling for oil in the Gulf of Mexico.

Oldendorff Carriers GmbH & Co KG v Sidor CA – US District Court (SDNY)(Robert P Patterson Jr DJ) – 29 January 2010

The defendant (Sidor) moved the Court for an order vacating a Rule B Attachment or, in the alternative, reducing the attached funds from US$17.3 million to US$1.9 million.

Midgulf International Ltd v Groupe Chimique Tunisien – Court of Appeal (Mummery, Toulson and Patten LJJ) – 10 February 2010

The claimant (“Midgulf”) was a trader in sulphur.

Transfield Shipping Inc v Chiping Xinfa Huayu Alumina Co Ltd – QBD (Com Ct)(Christopher Clarke J) – 22 December 2009

Transfield Shipping Inc (“Transfield”) was a Panamanian corporation and a shipping company whose activities were based in Hong Kong.

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”).