Insights

The Singapore High Court recently clarified whether a ship may be arrested as security for a claim subject to a foreign court action. In the EUROHOPE the court characterised such an arrest as an abuse of process and over-turned the arrest which, in the future, may give rise to a claim for damages for wrongful arrest: DSA Constultancy (FZC) v The “EUROHOPE” [2017] SGHC 218.

The consequences of invalid service can be serious, particularly in cases where a time bar is missed as a result. So litigating parties would be wise to consider the guiding principles that are usefully set out in a recent case: Glencore Agriculture B.V. and Conqueror Holdings Limited [2017] EWHC 2893 (Comm)

The Supreme Court has clarified the law in relation to unsafe ports and has confirmed the Court of Appeal’s decision limiting a charterer’s potential liability for breach of safe port warranty.

The London Maritime Arbitrators Association (‘LMAA’) has published a new set of terms that will come into effect for appointments made after 1st May, 2017.

  Many Members will have experienced the consequences of a counterparty entering into creditor protection schemes that are in place in the vast majority of jurisdictions. The difficulties faced by Hanjin Shipping are the most recent example of this. The following provides a short summary of some of the issues that arise from Korean bankruptcy procedures.