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Elli & Frixos

Elli & Frixos

Following changes to MARPOL regulations, the two ships potentially became non-compliant due to a small area of single-hull. The issue arose whether the ships, which had been fully described in the charter, were now non-contractual.  The Court of Appeal held that the owners had a continuing obligation to ensure the ships complied with all legal and regulatory matters affecting the ships’ ability to perform the services required of them.

Date
01/01/2007
Res Cogitans

01/05/2016

Res Cogitans

The demise of the OW Bunker group of companies in November, 2014, provoked litigation worldwide. In this industry leading case the Club supported the owner of the RES COGITANS in its efforts to avoid having to pay twice for fuel supplied to the ship. This culminated in a decision by the Supreme Court of England & Wales in favour of the bunker supplier.
Rainy Sky

11/09/2015

Rainy Sky

The Member entered in to shipbuilding contracts with a yard and paid several instalments of the contract price. The yard had established bank refund guarantees in respect of those payments, in the event the Member was entitled to rescind, cancel or terminate the contract. Neither the contract nor the guarantees envisaged the yard entering in to statutory insolvency protection and, when this occurred, the Member sought payment under the guarantees.  The bank resisted the Member’s demands, arguing on strict interpretation that insolvency was not specified as an event that triggered liability under the guarantees...
London arbitration - shipbuilding dispute

01/01/2015

London arbitration - shipbuilding dispute

An owner Member ordered a series of  ten ships from a Chinese shipyard in 2007. As building of the ships progressed, several issues arose with the quality of construction. A number of disputes arose, most of which were settled with some contracts being cancelled and others amended with delayed delivery dates. Construction for one of the hulls continued but that ship suffered a main engine breakdown during its pre-delivery sea trials. Disputes arose and the Member was eventually successful in recovering the repayment of $19.6m pre-instalments following a two part arbitration hearing.
ICC arbitration - ship repair dispute

01/01/2015

ICC arbitration - ship repair dispute

An owner Member pursued a claim for approximately $1.3 million for the consequence of improper remedial work to a ship’s main engine. ICC arbitration was brought against the engine maintenance technicians, which ultimately settled in the Member’s favour by means of commercial benefits including waiver of fees and extended engine warranties.