Udovenko v The ship "Pelican" - High Court of New Zealand in Admiralty (Gendall J) - 8 November 2010

Practice - Stay - Forum non conveniens - Russian crew member issuing in rem proceedings in New Zealand for arrears of wages - Australian charterers intervening and applying for stay - Whether proceedings should be stayed

(2011) 817 LMLN 3(2)

Choice of Forum, Stay of proceedings

Kelso Enterprises Ltd and Anr v A P Moller-Maersk A/S and Ors - US Court of Appeals (2nd Circuit)(Walker, Straub and Livingston Ct JJ) – 27 April 2010

Practice – Stay of proceedings – Whether claim fell within scope of relevant arbitration provision – Whether presumption of arbitrability applied – Whether choice of law issue should have been left to arbitration

(2010) 802 LMLN 3

Choice of Law, Jurisdiction, Procedure, Stay of proceedings

Todd v Steamship Mutual Underwriting Association (Bermuda) Ltd – US Court of Appeals (5th Circuit)(Garwood, Wiener and Benavides Ct JJ) – 18 March 2010

Practice – Stay of proceedings – Plaintiff crew member obtaining judgment against insolvent shipowning company for damages for personal injury – Plaintiff bringing proceedings against shipowners’ insurers under Louisiana direct action statute – Policy providing for disputes to be resolved by arbitration – Whether plaintiff’s action should be stayed in favour of arbitration

(2010) 801 LMLN 3

Procedure, Stay of proceedings, Tort Claims

BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd and Anr (The “Global Hawk”) – Federal Court of Australia (Finkelstein J) – 23 April 2008

Practice – Stay of proceedings in favour of arbitration – Shipowners entering into charterparty containing contractual time-bar and London arbitration clause – Shipowners bringing proceedings for misrepresentation against brokers who had purported to act for charterers – Brokers relying on contractual time-bar and applying for stay in favour of London arbitration – Whether brokers entitled to stay under International Arbitration Act 1974 or under inherent jurisdiction – Whether brokers entitled to rely on Contracts (Rights of Third Parties) Act 1999 – Whether brokers waived right to ask for stay

(2008) 743 LMLN 2(2)

Procedure, Charterparty, Stay of proceedings

Crowley Maritime Corporation v Boston Old Colony Insurance and Ors – Court of Appeal of State of California (Marchiano PJ, Stein and Margulies JJ) – 11 January 2008

The plaintiff shipowners sued insurers Boston Old Colony Insurance Company (“Boston”) for indemnification in respect of mesothelioma claims brought on behalf of two of its tugboat captains.

Birkenfeld v Kendall and Anr – High Court of New Zealand (Randerson J) – 7 June 2007

In 2002 a collision occurred between a windsurfing board ridden by the plaintiff, Ms Birkenfeld, and a rigid inflatable boat (“RIB”) owned by the second defendant Yachting New Zealand (“YNZ”) and driven by the first defendant, Mr Kendall. Ms Birkenfeld was severely injured and claimed damages totalling $15 million.

Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Association Co Ltd (The "Hari Bhum") - Court of Appeal (Lord Woolf LCJ, Clarke and Rix LJJ) - 2 December 2004

New India Assurance Association ("the cargo insurers") were the assignees of their insured's claims against the carrier for loss of cargo.

Atlantic Cement Carriers Ltd v Atlantic Towing Ltd and Ors (The "Atlantic Elm") - Fed Court (Trial Div)(Morneau P) - 9 July 2002

The plaintiff owner of the barge Portland Star entered into a contract on Towcon terms with the defendant for the towage of the barge by the defendant's tug Atlantic Elm.

Stella-Jones Inc and Anr v Hawknet Ltd and Ors (The "Mariana") - Fed Ct (Trial Div)(Hugessen J) - 23 October 2001

The plaintiff cargo owners and the owners of the vessel Mariana entered into a booking note in the standard "Conline" form in relation to the carriage of the plaintiffs' cargo of telegraph poles from Nova Scotia to Syria.

Mediterranean Shipping Company SA v Pol-Atlantic and Ors (The “Carla”) - US Ct of Appeals for Second Circuit (Walker CJ, Cabranes and Parker Ct JJ) - 13 October 2000

On 24 November 1997 the vessel Carla encountered heavy weather during the course of a voyage from Le Havre to the United States, and broke in half.

Domansa (Krystyna) and ors v Derin Shipping and Trading Co Inc (The “Sletreal”) - QBD(Com Ct) (David Mackie QC sitting as a Deputy High Court Judge)

The dependants of three Polish seamen killed while serving on the defendant’s vessel Sletreal whilst in Cuban waters brought an action against the shipowners claiming negligence and breach of contract of employment in failing to take reasonable care for the safety of the employee, and claiming damages at common law and under the Fatal Accidents Acts.

Seereederei Baco Liner GmbH v The Ship ‘Al Aliyu’ - Fed Ct of Australia (Tamberlin J) - 18 May 2000

The proceedings were in relation to a collision between the ship Al Aliyu and a barge owned by the plaintiff (‘SBL’) in Guinea.

Frontier International Shipping Corporation v The owners and all others interested in the ship ‘Tavros’ and anr - Federal Ct (Trial Div) Hargrave P - 5 November 1999

The plaintiff charterers commenced proceedings and arrested the vessel Tavros at Vancouver in order to force security for any arbitration award which might arise out of existing arbitration in New York.

Z I Pompey Industrie and Ors v ECU-Line NV and Ors (The ‘Canmar Fortune’) - Federal Ct (Trial Div)(Hargrave P) - 22 September 1999

The plaintiff cargo interests brought proceedings for damages to a photo-processor carried from Antwerp to Seattle.