RS Shipping Bulletin - January 14, 2011

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Covered in this issue

1 ARBITRATION . . .3

1 . 1 COMMERCIAL COURT CONSIDERS THE CIRCUMSTANCES IN WHICH IT MAY GRANT SECURITY WHERE A PARTY IS CHALLENGING THE JURISDICTION OF THE TRIBUNAL . . . 3

1 . 2 HIGH COURT RULES THAT AN ARBITRATOR DOES NOT AUTOMATICALLY CEASE TO HAVE JURISDICTION FOLLOWING A SETTLEMENT BETWEEN THE PARTIES . . .3

2 CONTRACT . . .5

2 . 1 COURT OF APPEAL CONFIRMS THAT EVIDENCE OF MARKET PRACTICE IS ADMISSIBLE AS AN AID TO CONTRACT INTERPRETATION . . .5

2 . 2 COURT OF APPEAL STRESSES THE IMPORTANCE OF ESTABLISHING THE TERMS OF AN OFFER . . .5

3 COSTS. . .7

3 . 1 HIGH COURT CONSIDERS FACTORS RELEVANT TO DETERMINING THE AMOUNT OF INTERIM COSTS TO BE PAID BY AN UNSUCCESSFUL PARTY . . .7

3 . 2 THAT A CASE INVOLVES A CLAIM AND COUNTERCLAIM WHICH MAY GIVE RISE TO SET-OFF DOES NOT PRECLUDE THE MAKING OF AN ORDER FOR SECURITY FOR COSTS. . .7

4 EU . . .9

4 . 1 EUROPEAN COMMISSION PUBLISHES PROPOSALS FOR THE REFORM OF THE BRUSSELS REGULATION . . .9

5 INSURANCE . . .10

5 . 1 COMMERCIAL COURT RULES ON THE BURDEN OF PROOF UNDER A CONTRACT OF INSURANCE INCORPORATING AN EXCLUSION FOR ‘MYSTERIOUS DISAPPEARANCE’ . . .10

6 PRACTICE AND PROCEDURE . . .11

6 . 1 THE COURT’S POWER TO GRANT CONDITIONAL ORDERS UNDER CPR 3.1(3) CANNOT BE USED AS A MEANS TO CIRCUMVENT THE REQUIREMENTS FOR SECURITY FOR COSTS UNDER CPR 25 . . .11

6 . 2 HIGH COURT CLARIFIES ISSUES RELATING TO APPLICATIONS FOR ACCESS TO COURT DOCUMENTS BY NON-PARTIES . . .12

6 . 3 COURT OF APPEAL CONSIDERS THE IMPORTANCE OF AN OMISSION TO SERVE A RESPONSE PACK WITH THE CLAIM FORM IN GRANTING AND SETTING ASIDE DEFAULT JUDGMENT . . .12

6 . 4 COURT OF APPEAL CONSIDERS THE GROUNDS FOR REOPENING AN

APPLICATION FOR RECONSIDERATION OF A REFUSAL TO ALLOW PERMISSION TO APPEAL . . .13

7 SHIPPING . . .15

7 . 1 COMMERCIAL COURT RULES ON THE EXCLUSION OF A CARRIER’S LIABILITY UNDER A BILL OF LADING AND THE BURDEN OF PROOF AS REGARDS DAMAGE TO GOODS . . .15

7 . 2 BIMCO AND NORWEGIAN SHIPBROKERS’ ASSOCIATION COMMENCE

REVISION OF SALEFORM 1993 . . .16

7 . 3 INTERNATIONAL GROUP OF P&I CLUBS REVISES IT S LETTERS OF

INDEMNITY . . .6

7 . 4 COURT OF APPEAL CONSIDERS ISSUES OF CAUSATION ARISING OUT OF THE CARRIAGE OF DANGEROUS CARGO . . .17

7 . 5 SCOTTISH COURT OF SESSION CONSIDERS WHETHER A VESSEL CAN BE ARRESTED IN SUPPORT OF AN ACTION RELATING TO THE SUPPLY OF REMOTELY OPERATED VEHICLE EQUIPMENT TO THE VESSEL . . . 18

Please see full Alert below for further information.

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Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, General Business Updates, International Trade Updates, Transportation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reed Smith | Attorney Advertising

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