“A bill of lading provided that cargo was "loaded on deck at shipper's and/or consignee's and/or receiver's risk; the carrier and/or Owners and/or Vessel being not responsible for loss or damage howsoever arising...". The Court considered that it was difficult to conceive of wider words of exemption and held that the provision was effective to exclude Owners' liability for loss or damage to deck cargo even if caused by unseaworthiness or their negligence.”

“A Time charter clause provided that Charterers were allowed to transit the Gulf of Aden, against reimbursing EWR/K&R premia and crew bonus; also, that if the vessel 'threatened/kidnapped by reason of piracy payment of hire shall be suspended'. The High Court, confirming an arbitration award on this point, held that this clause rendered the Vessel off hire throughout the period starting with her seizure in the Arabian Sea on her laden passage (after transit of Suez and the Gulf of Aden), and continuing following her release (7 months later) during emergency repairs and supplies and until regaining a position equidistant between seizure and destination. The Court held that in a charter of this nature, the geographical extent of the Gulf of Aden is not strictly defined and the natural construction of the risk allocation provision is that loss of time as a consequence of the transit should be borne by Owners.”

“The High Court held that the Classification clause (9) in a BARECON '89 Charterparty is both an absolute obligation and a condition, such that if charterers allow Class to lapse, owners are entitled to terminate. In so doing it overturned an arbitration award concluding that clause (9) was part of the continuing maintenance obligation and imposed only an intermediate obligation of reasonable diligence, i.e. to reinstate the vessel's Class within a reasonable time.”

“HSBC advanced USD3Om for the acquisition of 2 vessels. A subsequent fall in the freight market resulted in the owning entities being in breach of the financing arrangements. The Bank sought to enforce its claim under the personal guarantees (which were subject to English jurisdiction but Greek law). The guarantor argued that the Bank's conduct had been contrary to a principle of "good faith" enshrined in Greek law. The High Court found that the allegations against the Bank — including a) failing to compromise with borrowers b) taking time to negotiate debt restructuring, c) refusing a 'haircut' to the debtor and d) preferring one customer to another — were not made out and that the Bank's claim succeeded in full.”

“Unsuccessful shareholder respondents to an LCIA arbitration commenced Court proceedings under s68 of the Arbitration Act alleging "serious irregularity" on the basis of bias, non-disclosure and other defects. The arbitration claimants sought security for their costs of defending the challenge and shortly afterwards the shareholders discontinued their s68 challenges. Given the weakness of the allegations, and the fact that security would have been awarded had the application continued, the Court ordered that the shareholders bear the claimants' costs of both the challenge and the security application on an indemnity basis.”

“Insured shipowners' claim under a marine policy of kidnap and ransom was paid by insurers pursuant to a settlement agreement. Insurers then sought damages against their insured's director, domiciled in Greece, for procuring a breach of the settlement agreement (by depriving them of a subrogated claim for cargo's GA contribution and failing to account for such GA contributions as were received). The director was held to have submitted to the English Court's jurisdiction by failing to raise a challenge in time. The Court found that it would have had jurisdiction in any event (under Art. 7(2) of the Recast Brussels Regulation) in relation to the accounting under the settlement agreement, as this was to occur in England; however, (but for the submission) it would not have had jurisdiction over the unrecoverable GA, as that loss was sustained in Oman, where the voyage was abandoned after the release of the vessel by pirates.”