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Kategori: Undang-undang Perkapalan

MARINE INSURANCE – WAR RISKS, NOT BUREAUCRACY: UK COURT OF APPEAL UPHOLDS COVER IN INDONESIAN DETENTION CASE

In Delos Shipholding SA & Ors v Allianz Global Corporate & Specialty SE & Ors [2025] 2 Lloyd’s Rep 117, the UK Court of Appeal upheld insurers’ liability for the constructive total loss of the Win Win, rejecting reliance on the “customs or quarantine regulations” exclusion in a war risks policy. The Court ruled that detentions arising from Indonesia’s assertion of sovereignty were not “similar” to customs or health-related arrests, confirming a narrow interpretation of the exclusion. It also clarified under the Insurance Act 2015 that nominee directors without decision-making power do not constitute “senior management,” and that the insured had no duty to disclose criminal charges unrelated to the vessel’s operations. The decision provides key guidance on wa…

MARITIME LAW – SOYBEANS, SALVAGE SALES AND SUIT RIGHTS: COURT CLARIFIES CARGO DAMAGE RECOVERY

In AMS Ameropa Marketing and Sales AG & Anor v Ocean Unity Navigation Inc (The “Doric Valour”) 1 Lloyd’s Rep 389, the UK Commercial Court awarded US$293,755.10 for heat-damaged soybeans shipped from Louisiana to Egypt. Although only 70 – 80 mt of beans were physically damaged, 3,600 mt were reasonably treated as distressed and sold in a salvage sale at an 18% discount. The Court held that the assignee of the cargo receiver had valid title to sue, and that the salvage sale was a reasonable act of mitigation. Ancillary claims for warehousing, survey, and transport costs failed for lack of proof.

SHIPPING – ADMIRALTY – FLOATING CASINOS AS COLLATERAL: COURT HOLDS GAMING EQUIPMENT FALLS WITHIN SHIP MORTGAGE

In KfW IPEX-Bank GmbH v Owner of the Vessel “World Dream” [2025] 2 Lloyd’s Rep 137, the Singapore High Court ruled that casino gaming equipment on board a luxury cruise ship formed part of the mortgaged vessel. The Court held that under long-standing admiralty principles, “ship” covers not only navigation gear but also items necessary for the vessel’s commercial adventure. As the World Dream was designed as a floating resort with gaming as a central attraction, the slot machines and casino tables were integral to its purpose and thus subject to the mortgage. The decision highlights the wide scope of ship mortgages and the importance of expressly addressing high-value movable assets in financing documents.

SHIPPING AND ADMIRALTY IN REM – A SINKING ASSET – COURT ORDERS SALE OF ARRESTED VESSEL TO PRESERVE CLAIM SECURITY

In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.

SHIPPING – LETTER OF CREDIT – LESSONS FROM UNICREDIT’S FRAUD CLAIM AGAINST GLENCORE

The Singapore Court of Appeal’s decision in Unicredit Bank AG v Glencore Singapore Pte Ltd [2024] 2 Lloyd’s Rep 624 reaffirms the principle of autonomy in letters of credit and highlights the high evidentiary threshold for invoking the fraud exception. Unicredit’s claim of deceit was dismissed as the court found no evidence of false representations by Glencore, emphasizing that banks deal with documents, not underlying transactions. This case serves as a critical reminder for international trade practitioners to prioritize clear documentation and robust due diligence to mitigate risks in financial transactions.

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