Welcome to the third edition of Watson Farley & Williams’ maritime disputes newsletter. The world may still be adapting to the effects of the Covid-19 pandemic, but English courts and arbitration tribunals continue to operate, conducting hearings remotely, and handing down judgments and awards on a regular basis, with the result that there are still plenty of developments for us to report on.
In this issue we highlight:
A number of significant RECENT MARITIME DECISIONS made by the English courts, including:
- The first English case in which the court has considered the distinction between “manager” and “operator” under the Limitation Convention 1976.
- An important decision for parties to shipbuilding contracts on the operation of the prevention principle, notices, modifications and non-payment of instalments, where WFW acted for the successful party.
- A number of decisions where the English courts have shown their willingness to issue anti-suit injunctions in order to restrain proceedings brought in breach of arbitration and jurisdiction agreements.
Recent DECISIONS OF LMAA TRIBUNALS, published in association with the Lloyd’s Maritime Law Newsletter, which give important and useful insight into the current approach to knotty issues in maritime law, including:
- When time for limitation purposes began to run in relation to a claim under an indemnity.
- The meaning of to be amended as per “main terms” in a fixture recap email.
Decisions made by the English courts on MORE GENERAL CONTRACT TOPICS, which include:
- A lender’s rights to possession as a contractual bailor pursuant to a collateral management agreement.
- How to determine the governing law of an arbitration agreement.
- The importance of clear drafting, particularly in relation to indemnities.