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

Practice – Compromise – Shipowner bringing proceedings against insurers to enforce marine insurance policy – Action settled on terms set out in Tomlin Order – Settlement agreement containing English jurisdiction clause – Shipowner subsequently bringing claims against insurers in Greece – Insurers applying for summary enforcement of Tomlin Order and also bringing fresh actions for declaratory and other relief – Whether shipowner’s claims in Greek proceedings precluded by terms of settlement – Whether insurers entitled to summary enforcement of Tomlin Order – Whether insurer’s actions should be stayed

(2012) 838 LMLN 3

Practice & Procedure, Jurisdiction and Enforcement

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

Demurrage – Whether claim compromised – Whether claim time-barred

(2011) 833 LMLN 1

Laytime and Demurrage, Jurisdiction and Enforcement

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

Arbitration - Award - Enforcement - Whether court has jurisdiction to enforce a purely declaratory award - Whether order constituted a "judgment" - Arbitration Act 1996 section 66, Council Regulation (EC) No 44/2001 Article 34(3)

(2011) 831 LMLN 1

Jurisdiction, Awards, Jurisdiction and Enforcement

Sovarex SA v Romero Alvarez SA - QBD (Com Ct)(Hamblen J) - 29 June 2011

Arbitration - Award - Enforcement - Claimant applying to enforce FOSFA arbitration award as a judgment under section 66 of the Arbitration Act 1996 - Respondent denying any contract concluded - Whether respondent had lost right to object by participating in arbitration - Whether section 66 procedure appropriate where disputed issues of fact - Whether court should decline jurisdiction or stay proceedings on lis pendens or forum non conveniens grounds

(2011) 827 LMLN 1(2)

Awards, Jurisdiction and Enforcement

D'Amico Dry Ltd v Primera Maritime (Hellas) Ltd - US District Court (SDNY) (Koeltl DJ) - 26 March 2011

D’Amico was a charterer of “Panamax” dry bulk cargo vessels.

In re Sojitz Corporation v Prithvi Information Solutions Ltd - Supreme Court of New York (Appellate Division)(Renwick J) - 10 March 2011

Disputes arose between the petitioner, a Japanese company, and the respondent, an Indian company, arising out of a contract made in India, whereby the petitioner agreed to provide telecommunications equipment produced in China to the respondent in India.

National Shipping Company of Saudi Arabia v BP Oil Supply Company (The "Abqaiq") - QBD (Comm Ct) (Field J) - 22 November 2010

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

AIG Europe SA and Anr v MIH Scrap Metals International LLC and Ors - US District Court (Western District of New York) (Richard J Arcara DJ) – 6 July 2010

On 20 March 2007 the second plaintiff (“Luvata”), a Delaware corporation with its principal place of business in Buffalo, New York, contracted with defendants MIH Scrap Metals International LLC and/or MIH Cathode Trading LLC (collectively “MIH”) for the purchase of 1,500 mts of copper cathodes.

Perforaciones Exploracion Y Produccion and Ors v Maritimas Mexicanas SA DE CV – US Court of Appeals (5th Circuit) (Benavides, Dennis and Elrod Ct JJ) – 9 December 2009

On 31 March 2004 the defendant’s supply vessel Isla Azteca allided with the first plaintiff’s mobile operating drilling unit, the Totonaca , in the Bay of Campeche, some 45 miles off the Mexican coast.

Tradhol Internacional SA v Colony Sugar Mills Ltd – US Court of Appeals (2nd Circuit) (Parker, Hall and Lynch Ct JJ) – 20 November 2009

The plaintiff (“Tradhol”) concluded contracts with the defendant for the purchase and loading of ethyl alcohol, FOB Karachi.

National Ability SA v Tinna Oils & Chemicals Ltd (The “Amazon Reefer”) – CA (Thomas and Hallett LJJ and Coleridge J) – 11 December 2009

On 29 April 1995 the vessel Amazon Reefer was chartered on an amended Gencon form for a voyage from Kandla to Novorossiysk.

ProShipline Inc v Aspen Infrastructures Ltd – US Court of Appeals (2nd Circuit) (McLaughlin and Sack Ct JJ and Kaplan DJ) – 22 October 2009

Aspen was an Indian corporation manufacturing wind turbines, associated with Suzlon Energy Ltd (“Suzlon”).

Stemcor UK Ltd v Sesa International Ltd – US District Court (SDNY) (Sand J) – 18 May 2009

The plaintiff, an English company, and the defendant, an Indian company, entered into multiple contracts for the purchase, sale and delivery of numerous containers of scrap steel from Europe to an eastern Indian sea port.

Reino De Espana v ABSG Consulting Inc and Ors - US Court of Appeals (2nd Circuit) (Feinberg, Straub and Raggi Ct JJ) – 12 June 2009

The plaintiff (“Spain”) sued the defendants (“ABS”) under American general maritime and Spanish law for damages resulting from the MT Prestige oil spill.