Shipping E-Brief Winter 2015
29.01.2015 | Shipping
The shipping e-brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.
Court grants anti-suit injunction in respect of some but not all cargo claims
The three cargo claims in this case arose out of the same voyage but will be heard in three sets of separate proceedings because the bills of lading did not have identical dispute resolution provisions.
When does an indorsee of a bill of lading have title to sue the carrier?
29.01.2015 | Bills of lading
The Court of Appeal recently dealt with a tricky issue regarding the circumstances in which an indorsee (as opposed to a consignee) in possession of a bill of lading has title to sue under the bill.
Delayed delivery: the right to cancel shipbuilding contracts
In a shipbuilding contracts dispute, the Court has upheld the Buyers’ rights to cancel the contracts for delay, obtain a refund of paid installments and claim interest at the contractual rate.
Beware the pitfalls of inconsistent dispute resolution clauses
In circumstances where there was a conflict between competing dispute resolution clauses in a chain of charterparties, the Court came down in favour of the industry standard BIMCO arbitration clause. The case highlights the importance of checking contracts carefully to ensure that only one dispute resolution clause is incorporated.
When an English jurisdiction clause in a bill of lading will be deemed exclusive
Although the English law and jurisdiction clause in the bills of lading provided for other courts to have jurisdiction in certain circumstances, the English Court nonetheless held that it was an exclusive English jurisdiction clause and granted an anti-suit injunction in relation to Chinese proceedings brought by cargo interests.