LATEST ISSUE: 6 June 2025 - Issue 1187 - Cases: England and Wales

Mediterranean Shipping Co SA and Others v Interglobal Technologies Ltd and Others [2025] EWHC 1464 (Comm) – King’s Bench Division, Commercial Court (Mr Justice Bryan) – 1 May 2025

Bills of lading – Exclusive jurisdiction clause for England – Proceedings commenced in Nigeria – Anti-suit injunction – Anti-anti-suit injunction – Whether exclusive jurisdiction clause was binding – Grounds for refusing relief – Costs

(2025) 1187 LMLN 1

Injunctions and Remedies, Jurisdiction and Enforcement, Bills of lading
Cases: Australia

Mitsui OSK Lines Ltd and Another v The Ship “Yangze 22” [2025] FCA 563 – Federal Court of Australia (Justice Sarah C Derrington) – 29 May 2025

Admiralty – Arrest of vessel – Letter of undertaking given by P&I Club – Whether LOU sufficient to justify release of vessel

(2025) 1187 LMLN 2

Arrest

Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd (The Goliath) [2025] FCAFC 53, Federal Court of Australia, Full Court (Justice Burley, Justice Sarah C Derrington and Justice O’Sullivan – 29 April 2025

Admiralty – Limitation of liability – Limitation of liability for wreck removal claims – Reservation against limitation of claims for the removal of wreck – Two tugs becoming wreck as a result of allision – Removal of wrecks by port authority – Convention on Limitation of Liability for Maritime Claims 1976, articles 2(1)(a) and (d) – Limitation of Liability for Maritime Claims Act 1989 (Cth)

(2025) 1186 LMLN 1

Limitation of Liability

London Arbitration 7/25

Charterparty – Amended NYPE 1993 form – Final hire accounts – Off-hire – Underperformance claim – Whether master’s or weather routing company’s evidence of weather to be preferred – Meaning of “up to BF4” and “in good faith” in performance warranty – Whether damage to ship’s cranes caused by stevedores loading and discharging logs – Master abandoning bunkering when vessel double-banked, ropes parted and a seaman was injured – Whether vessel off-hire – Causation

 

Procedure – LMAA Fast and Low Cost Arbitration (FALCA) Rules

(2025) 1182 LMLN 3

Arbitration, Charterparty, Off-hire

Tanga Pharmaceuticals Plastics Ltd and Others v Emirates Shipping Line FZE [2025] EWHC 368 (Comm) – King’s Bench Division, Commercial Court (Mr Justice Bright) – 27 February 2025

Carriage of goods – Contractual incorporation of Hague Rules – Contract making separate provision for time limits and service – Whether Hague Rules ousted – Whether contractual provisons compatible with Hague Rules, article III, rules 6 and 8

(2025) 1181 LMLN 1

Carriage of Goods & Persons

London Arbitration 8/25

Charterparty – Amended NYPE 1946 form – Covid-19 PCR test certification for new crew – Rejection of vessel for loading in China – Deviation to Korea to obtain certification – Whether PCR certificates required to make the vessel “in every way fitted for the service” – Whether vessel off-hire

(2025) 1184 LMLN 1

Charterparty, Off-hire, Charter Interpretation

Karpik v Carnival plc (The “Ruby Princess”) – Federal Ct of Australia (Stewart J) [2021] FCA 1082 – 10 September 2021

Conflict of laws – Representative proceedings – Cruise ship affected by outbreak of Covid-19 – Proceedings brought on behalf of US and UK passengers – Cruise ship operators applying for stay of proceedings in reliance on exclusive jurisdiction and class action waiver clauses in terms and conditions – Whether clauses incorporated into passage contracts – Whether Australia clearly inappropriate forum – Whether stay should be granted

(2021) 1091 LMLN 1

Conflict of Laws, Choice of Forum, Jurisdiction and Enforcement
Insurance & Finance

Oversea-Chinese Banking Corporation Ltd v Argoglobal Underwriting Asia Pacific Pte Ltd and Others [2025] SGHC 82 – Singapore High Court (Justice Kwek Mean Luck) – 30 April 2025

Insurance – Marine – Vessel capsizing – Constructive total loss – Perils of the sea – Breach of the duty of fair presentation – Seaworthiness – Breach of warranty – Insurable interest – Late payment – Marine Insurance Act 1906, sections 4, 39 and 60 – Insurance Act 2015, sections 2, 10, 11 and 13A

(2025) 1185 LMLN 2

Insurance & Finance