November 25, 2015

Shipping Newsletter - November 2015

Written by legal experts, the Clyde & Co Shipping Newsletter regularly reports on recent legal developments within the marine sector.

In this issue, Marcia Perucca reviews the recent ruling in the "MTM HONG KONG" on the calculation of damages following the repudiation of a charterparty, where an award of damages to a shipowner was upheld.

Peter Ward goes on to comment on the "MSC EUGENIA" in which the court examined whether a carrier, which had provided a shipper’s agent with pin codes for an electronic release system, had fulfilled its obligations under the bill of lading.

Miranda Karali and Natalie Johnston analyse the issue in "NAVIGAS 1" of whether the parties had concluded an agreement for a charterparty which included a London arbitration clause.

Heidi Watson then reports on a judicial review of the Maritime & Coastal Agency’s alleged failure to enforce a key provision of the Maritime Labour Convention.

Two cases, the "SEA WELLINGTON" and the "ANNA BO", in which Clyde & Co acted for the successful parties, both relating to anti-suit injunctions, are reviewed by Beth Bradley and by Martin Hall and Thomas Forkin, respectively.

Jennifer Wheeler looks at the importance of the correct choice of forum in the "AFRICA REEFER" in circumstances where a tight limitation period applied.

Conor McStravick comments on the court’s decision to vary an order recognising South Korean insolvency proceedings involving a shipping company in order to support London arbitration, in the "UNIVERSAL QUEEN".

In the " CELTIC EXPLORER", Catherine Baddeley considers the consequences of a 12 month delay in the publication of an arbitration award.

Links to our most recent client briefings can be found in the "What’s new?" section of the newsletter. These provide commentary on cases such as the "RES COGITANS" and Bunge v Nidera SV (2015), as well as on other topics of interest to the marine sector.

To read the full newsletter, please click on the link below.