Admiralty
DMC/SandT/12/01
The Netherlands
Furtrans Denzilick Ticaret Ve Sanayi AS (“Furtrans”) v Augusta Due Srl (“Augusta”): The "Constanza M”
Supreme Court of the Netherlands (“SCN”) (summary proceedings): Vice-President J.B. Fleers as Chairman and the judges A.M.J. van Buchem-Spapens, F.B. Bakels, C.E. Drion and G. Snijders LJN:BT2708, December 9, 2011:[[1]]
CONSTRUCTION OF ART. 3(4) SECOND PARAGRAPH, INTERNATIONAL CONVENTION RELATING TO THE ARREST OF SEA-GOING SHIPS 1952
DMC/SandT/11/27
Singapore
The Sahand
Singapore High Court : Quentin Loh J : [2011] SGHC 27:[[2]]
ARRESTS OF VESSELS IN SINGAPORE OWNED BY IRANIAN COMPANIES: ASSETS FREEZE IMPOSED BY UNITED NATIONS SECURITY COUNCIL RESOLUTIONS 1737, 1747, 1803 AND 1929: WHETHER SECURITY COUNCIL RESOLUTIONS REQUIRE IMPOUNDMENT OR DETENTION OF VESSELS OWNED OR CONTROLLED BY DESIGNATED PERSONS OR ENTITIES OR THEIR SUBSIDIARIES: EFFECT OF ASSETS FREEZE ON ARREST OF SHIPS PURSUANT TO ADMIRALTY JURISDICTION OF COURT
DMC/SandT/11/23
Hong Kong
Birnam Ltd v The Owners of the Ship or Vessel “Hong Ming”, The “Hong Ming” Hong Kong Court of First Instance: Reyes J: HCAJ No.105 of 2011: 26 August 2011:[Hong_Ming]
WARRANT OF ARREST: SETTING ASIDE: CLAIM FOR OWNERSHIP OF VESSEL PURSUANT TO A TERMINATED CONTRACT FOR SALE OF VESSEL: MATERIAL NON-DISCLOSURE: MISUSE OF THE ARREST PROCESS
DMC/SandT/11/19
The Netherlands
Pianura Armatori SpA v Ferrari Shipping Agency G.A.The "Halcyon Star”
Court of Rotterdam (summary proceedings) : Mr A.F.L. Geerdes, LJN:BQ5031, October 7, 2010 (published May 19, 2011): [[3]]
ARREST CONVENTION 1952 ART. 3(4) SECOND PARAGRAPH: ARREST OF VESSEL OWNED BY A VESSEL MANAGER FOR MARITIME CLAIMS AGAINST THE VESSEL MANAGER RELATING TO OTHER VESSELS NOT OWNED BY THE MANAGER
DMC/SandT/11/18
England
The Owner of the Vessel “The Ocean Crown” and others v Five Oceans Salvage Consultants Ltd, “The Ocean Crown”
English High Court: Queen’s Bench Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009:[[4]]
SALVAGE: ASSESSMENT OF REMUNERATION: WHETHER RISK OF FUTURE ECONOMIC DOWNTURN SHOULD BE CONSIDERED IN APPLYING PRINCIPLE OF ENCOURAGEMENT: SCOPE OF THE PRINCIPLE IN THE AMERIQUE
DMC/SandT/11/15
Canada
Société Telus Communications, Hydro-Québec and Bell Canada v Peracomo Inc., Réal Vallée and the fishing vessel Realice
Federal Court of Canada: Harrington J.: 2011 FC 494: 27 April 2011:[[5]]
SHIPPING: SUBMARINE CABLE CUT BY SKIPPER OF FISHING VESSEL: WHETHER DAMAGE CAUSED INTENTIONALLY OR RECKLESSLY AND WITH KNOWLEDGE THAT 'SUCH LOSS' WOULD PROBABLY RESULT: WHETHER DEFENDANTS ENTITLED TO LIMIT LIABILITY UNDER THE 1976 LIMITATION CONVENTION, AS INCORPORATED INTO CANADIAN LAW
DMC/SandT/10/18
Hong Kong
The “Hua Tian Long”[[6]]
Hong Kong SAR Court of First Instance: Stone J in Chambers: HCAJ No. 59/2008: 23 April 2010
http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCAJ000059_2008-70707.html
BREACH OF CONTRACT: DEFENDANT SHIPOWNER’S FAILURE TO PROVIDE VESSEL: CHINESE GOVERNMENT DEPARTMENT AS SHIPOWNER: CLAIM FOR SOVEREIGN IMMUNITY AND CROWN IMMUNITY: WAIVER AND SUBMISSION TO JURISDICTION
DMC/SandT/10/06
The “Catur Samudra” [[7]]
Singapore High Court: Judgment delivered by Steven Chong JC, 15 January 2010: [2010] SGHC 18
ADMIRALTY JURISDICTION : WHETHER CLAIM UNDER GUARANTEE IS A CLAIM “ARISING OUT OF AN AGREEMENT RELATING TO THE USE OR HIRE” OF A VESSEL : SECTION 3(1)(H) HIGH COURT (ADMIRALTY JURISDICTION) ACT
DMC/SandT/10/04
Northrop Grumman Ship Systems, Inc v The Owners and/or Demise Charterers of the Ship or Vessel “Asian Atlas” ; [8]
Hong Kong SAR Court of Appeal: Ma CJHC, Stone and Reyes JJ: CACV No. 257 of 2007: 23 April 2008 ([2008] 3 HKLRD 604
ACTION IN REM UNDER HK HIGH COURT ORDINANCE, S.12A(2)(e): WARRANT OF ARREST: FOR “ANY CLAIM FOR DAMAGE DONE BY A SHIP”: SETTING ASIDE: MATERIAL NON-DISCLOSURE OF FACTS RELATING TO JURISDICTION
