LATEST ISSUE: 9 May 2025 - Issue 1185 - Cases: England and Wales
Cases: Singapore

Oversea-Chinese Banking Corporation Ltd v Argoglobal Underwriting Asia Pacific Pte Ltd and Others [2025] SGHC 82 – Singapore High Court (Justice Kwek Mean Luck) – 30 April 2025

Insurance – Marine – Vessel capsizing – Constructive total loss – Perils of the sea – Breach of the duty of fair presentation – Seaworthiness – Breach of warranty – Insurable interest – Late payment – Marine Insurance Act 1906, sections 4, 39 and 60 – Insurance Act 2015, sections 2, 10, 11 and 13A

(2025) 1185 LMLN 2

Insurance & Finance

London Arbitration 7/25

Charterparty – Amended NYPE 1993 form – Final hire accounts – Off-hire – Underperformance claim – Whether master’s or weather routing company’s evidence of weather to be preferred – Meaning of “up to BF4” and “in good faith” in performance warranty – Whether damage to ship’s cranes caused by stevedores loading and discharging logs – Master abandoning bunkering when vessel double-banked, ropes parted and a seaman was injured – Whether vessel off-hire – Causation

 

Procedure – LMAA Fast and Low Cost Arbitration (FALCA) Rules

(2025) 1182 LMLN 3

Arbitration, Charterparty, Off-hire

Tanga Pharmaceuticals Plastics Ltd and Others v Emirates Shipping Line FZE [2025] EWHC 368 (Comm) – King’s Bench Division, Commercial Court (Mr Justice Bright) – 27 February 2025

Carriage of goods – Contractual incorporation of Hague Rules – Contract making separate provision for time limits and service – Whether Hague Rules ousted – Whether contractual provisons compatible with Hague Rules, article III, rules 6 and 8

(2025) 1181 LMLN 1

Carriage of Goods & Persons

London Arbitration 8/25

Charterparty – Amended NYPE 1946 form – Covid-19 PCR test certification for new crew – Rejection of vessel for loading in China – Deviation to Korea to obtain certification – Whether PCR certificates required to make the vessel “in every way fitted for the service” – Whether vessel off-hire

(2025) 1184 LMLN 1

Charterparty, Off-hire, Charter Interpretation

Karpik v Carnival plc (The “Ruby Princess”) – Federal Ct of Australia (Stewart J) [2021] FCA 1082 – 10 September 2021

Conflict of laws – Representative proceedings – Cruise ship affected by outbreak of Covid-19 – Proceedings brought on behalf of US and UK passengers – Cruise ship operators applying for stay of proceedings in reliance on exclusive jurisdiction and class action waiver clauses in terms and conditions – Whether clauses incorporated into passage contracts – Whether Australia clearly inappropriate forum – Whether stay should be granted

(2021) 1091 LMLN 1

Conflict of Laws, Choice of Forum, Jurisdiction and Enforcement
Insurance & Finance

MS Amlin Marine NV v King Trader Ltd and Others [2024] EWHC 1813 (Comm) – King’s Bench Division, Commercial Court (Mr Justice Foxton) – 16 July 2024

Marine insurance – Pay to be paid clause – Assured insolvent – Whether third-party claimants bound by clause – Inconsistency – Construction – Implied term – Third Parties (Rights Against Insurers) Act 2010

(2024) 1167 LMLN 2

Insurance & Finance