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Seatrade Group N.V. v Hakan Agro D.M.C.0 [2018]

“This judgment is the first binding precedent on the question whether the berth "always accessible" warranty in a voyage charterparty covers departure from the berth in addition to entry. In this case a vessel was unable to leave berth due to the damage of a nearby bridge and lock, and Owners claimed damages for detention. Contrasting "reachable on arrival", the Commercial Court found that the "always accessible" warranty covers departure, and allowed the appeal against the award of an experienced QC arbitrator.”

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Jiansu Shagang Group Ltd v Loki Owning Company Ltd [2018]

“Following repudiation by charterers (later in liquidation), owners pursued their substantial hire and damages claim against JSG in arbitration, the Tribunal, on a preliminary issue, ruling in favour of its own jurisdiction. The Court on a re-hearing under s67, allowed JSG's challenge to the award, finding that the guarantee had been neither approved nor authorised by them. In so finding the Judge acknowledged owners' disappointment, given the Tribunal's intervening substantive award of USD68 million in owners' favour but commented that this could not distort the central factual issue upon which she had ruled.”

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Songa Chemicals AS v Navig8 Chemicals Pool Inc and Navig8 Chemicals Pool Inc v Glencore Agriculture BV [2018]

“Vessel owners Songa, delivered a cargo of edible oil, without production of bills of lading, against (International Group wording) LOIs from its time-charterers, Navig8, requiring delivery to Aavanti or such party as was believed to be or to represent Aavanti. Following delivery to Ruchi supposedly on behalf of Aavanti, Societe Generale claimed to be the unpaid lawful holder of the bills of lading and commenced arbitration misdelivery proceedings against Songa. Pending the outcome, the Commercial Court granted each of Songa and Navig8 immediate and final summary judgment ruling that delivery to Ruchi triggered the respective LOIs, requiring each beneficiary to be indemnified in respect of liability to, or reasonable settlement with Societe Generale.”

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Lukoil Asia Pacific Pte Ltd v Ocean Tankers (Pte) Ltd (Ocean Neptune) [2018]

“A charter on an amended ExxonMobilVOY2005 form contained additional 'LITASCO' clauses providing (cl. 4) for time waiting for orders to count as laytime or demurrage as well as (c1.2) a documentary time bar, discharging charterers from demurrage claims unless presented and supported within 90 days.
Owners failed properly to support their demurrage claim in time but argued that the waiting time claim fell outside the time bar. The Commercial Court held that a cl. 4 claim is a demurrage claim and subject to the time bar.”

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Unreported case in the Commercial Court - November & December 2017

“In a series of public hearings relating to tracing money stolen from a commodity company's bank accounts, the Commercial Court ordered (amongst other things):
(i) the issue of a worldwide freezing order against "persons unknown";, (ii) disclosure orders against banks situated abroad for the purpose of tracing money; and (iii) service of documents by a combination of email and online data room and by Facebook.
It is believed that this is the first time such orders have been made.”

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Rosgosstrakh Ltd v Yapi Kredi Finansal Kiralama AO & Anor [2017]

“A P&I insurer who had paid out under the policy following the sinking in 2010 of the insured vessel, later sought to avoid the policy and reclaim the payment. After the payment the insurer had changed name and identity by restructuring but the proceedings were issued (just before the 6 year limit) in the old name. The Court dismissed the defendants' argument that the mistake was legal (and inexcusable) rather than factual and despite the time bar passing and criticism of the solicitor for not investigating the name change, the Court allowed the substitution of the correct party.”

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