Insights

The English High Court has today ruled (“The SALDANHA” – [2010] EWHC 1340 Comm) that a ship which was seized by pirates early in 2009 remained on-hire for the period of the detention. The case was brought by a Member entered in the Association.

Members will be aware of the recent explosion on the “Deepwater Horizon” drilling oil rig 130 miles southeast of New Orleans and the resulting oil pollution now affecting the area around the rig. Following the incident, many questions and concerns have arisen regarding the implications for owners and charterers.

A refund guarantee is a crucial aspect of any newbuilding contract. It is the security which underpins the pre-delivery instalments that the buyer has to make. If something goes wrong it is that security which aims at placing the buyer in the same position as he was when he entered in to the contract.

As many Members will be aware shipping cases in the US are generally conducted under the auspices of the Society of Maritime Arbitrators (“SMA”) and its rules which differ in a number of respects from the LMAA. Over the years concerns have been raised with regard to SMA arbitrations with the result that the number of SMA arbitrations has declined. There are however signs that this might now be changing.

One of the few things that can be said with certainty following the US Second Circuit Court’s decision in The Shipping Corporation of India -v- Jaldhi Overseas Pte Ltd is that Rule B procedures can no longer be used to attach wire transfers passing through New York bank accounts, and that the New York banking community (and a significant section of the judiciary) is very relieved about this.