Vessel arrest in Hong Kong – a means to enforce a maritime arbitration award via the backdoor? M/V ‘ALAS’, subsequently renamed as ‘KOMBOS’  HKCU 1698
14.08.2014 | Shipping
In a potentially very significant judgment last month the Hong Kong High Court upheld the arrest of a vessel despite the plaintiff already having obtained an arbitration award. Ng J, the Admiralty judge, effectively ruled that a ship can still be arrested despite the existence of an arbitration award provided that the claim out of which the award originates properly invokes the in rem jurisdiction of the Court. The arrest was allowed to stand because the cause of action in rem remains alive so long as the arbitration award in personam against the owners of the ship remains unsatisfied.
Shipping issues arising out of the ebola outbreak in West Africa
14.08.2014 | Shipping
The Ebola outbreak in West Africa has seen a number of advisories from P&I Clubs and industry bodies. Its virulence has created an atmosphere of fear. There are examples of crews refusing to enter ports in countries where outbreak of the disease has been reported. Owners and ports have grappled with these sorts of health issues for centuries. By way of example the first UK Quarantine Act was passed in 1712 mandating a 40 day period before a vessel could enter port (deriving from the Italian word quarante). Public health authorities are often called on to contain or investigate outbreaks of Novovirus or Legionella particularly on cruise ships and most countries have legislation in place to detain ships that threaten the health of those on board or ashore. The advice currently being sent out mirrors that for SARS (Severe Acute Respiratory Syndrome) which broke out in Hong Kong in 2002-2003 and is aimed primarily at keeping the crew safe and highlighting an owner’s duty of care.
Double Trouble for D&O insurers as the UK Regulators extend the limitation period applicable to disciplinary investigations
07.08.2014 | Insurance & Reinsurance
In this client alert the Ince Financial Lines Team provides a summary of the new legislation that seeks to give the UK Regulators an advantage over their US counterparts by extending the time period within which they can investigate before they have to issue disciplinary proceedings or close the investigation down.
Court construes “Notices” provision in GAFTA 64 contract
06.08.2014 | International Trade & Commodities
The commercial court has recently given useful guidance on the construction of the notices provision in GAFTA 64 contracts for grain in bulk FOB.
Insurance & Reinsurance Proper and Business settlements and Thai Floods
The briefing covers the recent judgement by Mr Justice Field in Tokio Marine Europe Insurance Limited v Novae Corporate Underwriting Limited  EWHC 2105 (Comm) in which Mr Justice Field, sitting in the Commercial Court, had to consider the meaning of the phrase ‘proper and business like’ in this context. This case arose out of losses suffered by Tesco as a result of the 2011 Thai floods.
The correct test for anticipatory breach by renunciation
22.07.2014 | Shipping
Jamila Khan writes about the Bulk Uruguay, in which she successfully defended Disponent Owners against Charterers’ claim that they were in anticipatory breach by demonstrating an intention not to be bound by the charterparty.