Hong Kong Maritime Series: Will shipowners be protected by letters of indemnity for delivering cargoes to unnamed receivers?
Business,Hong Kong,Maritime,Regional Law

Reading Time: 6 minutesBackground It is not uncommon for charterers or shipowners to be offered a letter of indemnity (“LOI”) for delivery of cargo to a named receiver without the presentation of original bills of lading. This situation arises when the bills of lading cannot be produced or released at the load port before the cargo arrives at […]

Hong Kong Maritime Series: Would the Court impose conditions for granting relief
Hong Kong,Legal Updates,Regional Law

Reading Time: 4 minutesIntroduction In admiralty actions where there are cross claims, the procedure is governed by Order 75 Rule 41 of The Rules of High Court (Cap.4A) (“RHC”). The rule does not provide for an automatic deadline for a defence to a cross-claim to be filed, instead the Registrar of the High Court may give directions for […]

Hong Kong Maritime Series: Is the arresting party entitled to stop the judicial sale of the vessel as of right?
Business,Hong Kong,Legal Updates,Maritime,Regional Law

Reading Time: 4 minutesIntroduction In the recent case of The “Long Bright” [2018] SGHC 216, the Singaporean High Court had to decide on whether the arresting party who wishes to discontinue the action is entitled to release the arrested vessel and stop the judicial sale as of right even after bids from potential buyers have been received. The facts The […]

Hong Kong Maritime Series: Do you have to provide an undertaking in damages when you arrest a ship?
Business,Hong Kong,Maritime,Regional Law

Reading Time: 4 minutesIntroduction It is well established in the United Kingdom as long ago as 1858 that, an arresting party is not liable to pay for any damage resulting from a wrongful ship arrest[1] unless it acts in bad faith or with gross negligence. Also, an arresting party can arrest the ship as of right. Under such circumstances, […]