“Following misdelivery of a coal cargo, B/L holders, NBF, started proceedings in Singapore and subsequently London Arbitration. The carrier, Times, challenged the Arbitration notice alleging wrong addressee and time bar. limes sought an anti-suit injunction on the basis that Singapore proceedings were in breach of the B/L London Arbitration clause. The Court found that the jurisdictional hurdle for a contractual anti-suit injunction was met and that NBF failed to show strong reasons — particularly the prejudice constituted by the time bar —to refuse the relief. However, relying on "discretionary factors", the Court found that this particular injunction required as a matter of "justice" a condition that limes guaranteed not to rely on any time bar in the arbitration.”

“The Defendant charterers (and sub-charterers) were ordered by the Court on 24 March to "provide forthwith such bail or other security as may be required to secure ...release" of a vessel arrested in Singapore. They failed to reach agreement as to the guarantee sought by the arresting bank. The Claimant disponent owners now sought an amendment to the order, such as would require security in the form sought by the arresting bank, or payment of the security sum (US$76 M) into the Singapore Court. The Commercial Court found that "as may be required" meant by the court of the place of arrest. However, in the exceptional circumstances in which Covid 19 prevented the Singapore Court ruling promptly, the Judge decided that he had jurisdiction to impose his solution, rejecting the amendment but ordering payment of the US$76 M into the Singapore Court.”

“Under a shipbuilding contract, the builder started arbitration first against the buyer, claiming US0170m and then its guarantor. Ruling on a preliminary issue as to whether the guarantee was a demand bond or a "see to it" guarantee, the Commercial Court found that on a true construction of the guarantee, there was no room for a presumption that it was a demand bond, therefore it was a "see to it" guarantee — bearing in mind in particular that this was not an undertaking by a financial institution but one given by a parent company.”

“Following arrest of their Vessel at Singapore on 12 March, in relation to a cargo mis-delivery claim, head owners demanded that time charterers place the security; the Claimant time charterers (alleging that in the interim they had 'lost out on a fixture) now sought an urgent injunction compelling the Defendant voyage charterers to provide the security to obtain the release of the Vessel. The Commercial Court on 26 March granted the injunction, dismissing the Defendants' argument that the loss of the fixture opportunity nullified the urgency, acknowledging instead the volatility of the market for large crude carriers and recognising the pressing need for the provision of security to obtain release of the Vessel.”

“An amended Asbatankvoy covered one of two parcels carried for different charterers. Laytime / demurrage was to be pro-rated according to B/L quantities. The CP specified that a demurrage claim required "claim/invoice in writing and all supporting documents... within [90] days after completion of discharge". The SOF incorrectly recorded B/L quantities. The Court allowed an appeal from an arbitration, finding that the B/Ls themselves should have been provided. Owners' claim for US$56,049.36 demurrage was time-barred.”

“The Claimants sought declarations that their termination notices, served on the defendant operators of gas fields, pursuant to joint operating agreements ("JOAs"), were valid and effective. The JOAs contained absolute and unqualified rights of termination. The defendants argued that the rights were subject to implied obligations of good faith and consideration of the best interests of the gas fields. In the context of sophisticated commercial parties and the absence of industry practice, the Court found no reason to qualify the express absolute rights by any such implied terms.”