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Tribunal rules on breach of consumption warranty in NYPE trip time charter

London Arbitration 1/14 The subject vessel, a new build which had just entered service, was chartered on an amended NYPE form for one time charter trip. Clause 29 of the charter, dealing with speed and consumption, provided as follows: “Speed ballast/laden about 15/14 knots on about 39.5 metric tons IFO 380 … Eco-speed ballast/laden about … Continue Reading

Court refuses an application by a party to an ongoing arbitration to prevent its opponents from terminating charters

The Applicants and Respondents in Zim Integrated Shipping Services Ltd v European Container KS [2013] EWHC 3581 (Comm) were parties to an arbitration, in which the Applicants sought to recover loans made to part-fund the Respondents’ purchase of four vessels. The vessels had been sold by the Applicants to the Respondents, then leased back on … Continue Reading

Court can appoint an arbitrator in a shipping dispute where there is a good arguable case

In Five Oceans Salvage Consultants Ltd v Perla Navigation Ltd (unreported), the applicant applied for the court to appoint an arbitrator pursuant to section 18 Arbitration Act 1996. The applicant was the contractor under a Lloyd’s standard form of salvage agreement, which incorporated the Lloyds standard salvage and arbitration clauses. The second and third respondents … Continue Reading
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