Alternative Dispute Resolution (ADR) Maritime

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Supreme Court Upholds Finality of Arbitral Awards

A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the...more

Award issued by Permanent Court of Arbitration in South China Sea dispute

A ruling in the long-running South China Sea dispute was released by the Permanent Court of Arbitration in The Hague on Tuesday and has immediately become global front-page news. Initiated by the Philippines against...more

Court Confirms Arbitration Award In Chemical Transport Dispute Finding No Manifest Disregard Of The Law

ICC Chemical Corporation sued Nordic Tankers Trading A/S concerning a cancelled charter agreement. Per the agreement, Nordic was scheduled to have its vessel present at the port ready to be loaded with ICC’s chemical cargo....more

Commodities contracts and the impact of the OW Bunkers case

As we reported in an earlier Client Alert, the UK Supreme Court recently handed down its highly anticipated judgment in the Res Cogitans case. The Supreme Court was unanimous in finding that a contract to supply bunkers to...more

SCMA Rules 3rd Edition - A commentary on the recent amendments

Late last year the Singapore Chamber of Maritime Arbitration (“SCMA”) published the third edition of its arbitration rules (“Rules”). The latest changes continue to build upon the earlier amendments made in May 2009. The...more

Shelltime 4 – who bears risk of arrest?

In ST Shipping & Transport Pte Ltd -v- Space Shipping Ltd (“CV STEALTH”), the Commercial Court (“the Court”) heard an application arising out of an Arbitrator’s Award in respect of a dispute under a charterparty on an amended...more

Direct claims against insurers and anti-suit injunctions

In Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) -v- Containerships Denizcilik Nakliyat ve Ticaret AS (The “Yusuf Cepnioglu”) [2016] EWCA Civ. 386, the Court of Appeal considered the juridical nature of a...more

Shipbuilding Contracts – Limitation Periods and Sale of Goods Act

In Neon Shipping Inc. v. Foreign Economic 7 Technical Corporation Co. of China and another [2016] EWHC 399 (Comm) the Commercial Court dealt with an appeal from London arbitrators in a dispute arising out of a shipbuilding...more

Judgment in Maritime Arbitration Matter

Legal Principle - Even if a Bill of Lading does not expressly contain an arbitration clause it might refer disputes to arbitration through the charterparty which may include an arbitration clause. The reference to...more

Don’t trip up – a warning for owners

The recently decided case of SBT STAR BULK & TANKERS (GERMANY) GMBH & CO KG V COSMOTRADE SA (THE “WEHR TRAVE”) [2016] EWHC 583 (Comm) in the Queen’s Bench Division of the Commercial Court and before The Hon Sir Bernard Eder...more

Recent amendments to the Lloyd’s Standard Salvage and Arbitration (LSSA) Clauses

The Lloyd’s Standard Salvage and Arbitration (“LSSA”) Clauses have recently been recently amended to account for problems arising from previous salvage arbitrations and to further reduce the costs of arbitration....more

Publication of the 3rd edition of the SCMA Rules

In October 2015 the Singapore Chamber of Maritime Arbitration (SCMA) published the third edition of its arbitration rules. Notable revisions include wider powers for the tribunal to require security for costs, increased...more

Hong Kong court - enforcing a maritime arbitration award by arresting a ship

The arrest of a ship to obtain security for a maritime claim in jurisdictions where this is permitted is a powerful weapon in the armory of a claimant in shipping disputes. There has, however, been a concern that a claimant...more

In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more

New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for Vacatur

There are several differences between court litigation and international arbitration, but two in particular stand out. First, whereas the losing party at trial can bring an appeal, the losing party in an arbitration can only...more

Fla. Case Provides Practicum On Arbitrability

The Middle District of Florida recently, in U.S. Surety Co. v. Edgar, provided a practicum on arbitrability jurisprudence under the Federal Arbitration Act, answering key questions about (1) whether nonsignatories to an...more

Foreign Arbitration Agreements in Australian Voyage Charterparties Void

In a recent decision the Federal Court of Australia held that foreign arbitration agreements in voyage charterparties for the carriage of goods from Australia are void. As a result, the Court refused to enforce two London...more

Application of the word "about" – When does under-consumption start?

The Gaz Energy No.2 On 21 June 2012, the High Court handed down its decision on a time charter performance case where the issue was whether, in circumstances where the vessel has performed within the consumption...more

Middle East Newsletter - Issue 4 - Summer 2011

In this issue: New Maritime Law Awaited; Increased Private Sector Involvement in Dubai Water and Electricity Sector; Pro Bono initiative: Women’s Rights and the Convention on the Elimination of All Forms of Discrimination...more

The 2002 Declaration on the Conduct of Parties in the South China Sea

The 2002 Declaration on the Conduct of Parties in the South China Sea

Cognizant of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in the region; Committed...more

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