The Stolt Kestrel: Issuing a claim in rem does not stop time running against a claim in personam – probably

Stolt Kestrel BV v Sener Petrol Denizcilik Ticaret AS (The Stolt Kestrel and The Niyazi S); CDE SA v Sure Wind Marine Ltd (The SB Seaguard and The Odyssée) [2015] EWCA Civ 1035

Shipping, Practice and Policy

Arbitration clauses: incorporation in China

Several recent English shipping judgments have involved Chinese courts, where an English court would have unquestioningly accepted jurisdiction, had there been no rival court. The outcome in each case depends on the circumstances of the litigation in question, but from an East-looking perspective the cases raise the question: under what circumstances will a Chinese court accept jurisdiction?

Arbitration, Jurisdiction

The Supreme Court re-frames the modern law of implied terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72

It is apparent that Lord Hoffmann’s observations in Belize Telecom … should henceforth be treated as a characteristically inspired discussion rather than authoritative guidance on the law of implied terms.”

The leading judgment given by Lord Neuberger of the Supreme Court reinstates the traditional strict test when considering whether to imply words into a commercial contract.

Contracts, Commercial

Scope of the Sale of Goods Act 1979: The Res Cogitans

PST Energy 7 Shipping LLC and Another v OW Bunker Malta Ltd and Another (The “Res Cogitans”) [2015] EWCA Civ 1058 is only one of the many cases flowing from the restructuring proceedings of OW Bunkers in Denmark, and perhaps the one destined for greatest influence upon English law. The Court of Appeal has dismissed the appeal of the shipowner, holding that OW Bunker (OWBM) was entitled to payment for the bunkers that had been supplied, notwithstanding that OWBM was never in a position to transfer title to the bunkers to the owners.

Sale of Goods, Practice and Policy

Boat people: legal and practical considerations

On 30 September 2015, the workshop “Boat people: some legal and practical considerations relating to migration by sea” was organised by the Institute of Maritime Law at the University of Southampton. The first panel considered legal aspects of search and rescue as applicable in the context of boat people, and the second was dedicated to issues arising for the commercial shipping industry, with a talk also on the medical rights of rescued persons.

Shipping, Regulation

Seafarer predicament and judicial action

In two recent cases involving forced sale of property, the judge has in part based the decision on the situation of seafarers on board. Such positive judicial activism should be noted and relevant factors highlighted, so that others can follow suit.

Shipping, Sale of Goods

Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm)

Nomination of vessel

Sale contract – FOB – Nomination of vessel

Carriage of Goods, Sale of Goods, Contracts

Bank of Tokyo-Mitsuibishi UFJ Ltd v Owners of the MV Sanko Mineral (“The Sanko Mineral”) [2014] EWHC 3927 (Admlty)

Claim against proceeds of judicial ship sale - Can statutory claims in rem be issued against the proceeds of sale of the res?

Finance and Banking

Insurance Act 2015 – a new beginning or business as usual?

The Insurance Act 2015 received royal assent on 12 February 2015, having been sped through the Houses of Parliament under a special procedure for non-controversial Law Commission Bills.

Insurance, Regulation

Case review: OW Bunkers – the story so far

The collapse of OW Bunkers in late 2014 shocked the bunker supplying world and caused significant litigation in courts around the world. Events thus far highlight that the same or very similar facts will be handled very differently by different courts.

Trade

Glencore International AG v MSC Mediterranean Shipping Co SA and Another [2015] EWHC 1989 (Comm)

Delivery orders: delivery under electronic release system

The dispute between the claimant (Glencore) and the defendant (MSC) arose when two out of three containers containing cobalt briquettes carried by MSC had gone missing. The carrier, MSC, did not issue paper delivery orders or release notes against bills of lading, but “import PIN codes”.

Bills of Lading

Essar Shipping Ltd v Bank of China Ltd (The “Kishore”) [2015] EWHC 3266 (Comm)

Don’t wait and see

This was a case where proceedings were commenced against the claimant in China, and the claimant preferred to wait and see before engaging the English court’s jurisdiction for an anti-suit injunction against those proceedings in support of arbitration proceedings.

Jurisdiction

Case roundup – anti-suit injunctions

Anti-suit injunctions, the sharp litigation tool that had reached its nadir with the judgments of the European Court of Justice considering them an unjustifiable derogation from the principle of mutual trust between the courts of respective member states even in the context of arbitration, have recently resurged to produce some interesting case law in the last six months.

Practice and Policy