Maritime/Shipping arbitration

Maritime arbitration

This Practice Note gives an introduction to maritime arbitration including the main types of disputes that arise and are referred to arbitration and arbitration clauses in common charterparty forms

For more detail, see Practice Note: Maritime arbitration—an introduction.

Maritime arbitration—organisations and rules

This Practice Note gives information on the common sets of arbitration rules used in maritime arbitrations and the relevant administrative bodies. It compares the rules of the four leading institutions of London Maritime Arbitrators Association (LMAA), Society of Maritime Arbitrators Inc (SMA), China Maritime Arbitration Commission (CMAC) and Singapore Chamber of Maritime Arbitration (SCMA) on key issues.

For more detail, see Practice Note: Maritime arbitration—organisations and rules.

Carriage of goods by sea—charterparties

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key features of voyage charters, time charters, bareboat charters and slot charters and the damages for breach of charter in relation to each type.

For more detail, see Practice Note: Carriage of goods by sea—charterparties.

Carriage of goods by sea—bills of lading

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The English Court’s powers to issue injunctive reliefs aimed at preserving arbitral confidentiality (A Corporation v Firm B and another)

Arbitration analysis: This case arises from the claimant’s application for interim injunctive reliefs (the ‘Application’) seeking, among others, to restrain the first defendant (‘Firm B’), including any of its branches from (i) acting for Corporation C in an ongoing arbitration against Corporation D (the ‘Second Arbitration’); and (ii) providing any confidential information from a previous arbitration between the Claimant and Corporation B (the ‘First Arbitration’), to Corporation C. In determining the Application, the Court considered the principles governing the grant of interim reliefs as established in American Cyanamid v Ethicon Ltd. The court also considered the boundaries of arbitral confidentiality by considering what documents and information the obligation of arbitral confidentiality covers, and the relevant exceptions to this obligation. The court concluded that the claimant was not entitled to the requested reliefs. After examining the claimant's allegations of breaches of arbitral confidentiality, the court found no breach, except for some limited settlement information from the First Arbitration. The court was also not persuaded that there was a real risk of confidential information being transferred between Firm B’s London and Asia offices. Consequently, the court decided that granting the injunction would significantly prejudice Firm B and Corporation C, while not granting it would cause no prejudice to the claimant and only minimal prejudice to Corporation D. Written by Dr. Ademola Bamgbose, solicitor advocate and senior associate at Hogan Lovells, London and IfeOluwa Alabi, associate at Hogan Lovells, London.

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