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Time Charter Indemnities: Is the Athanasia Comninos good law?

• If a risk is notorious and Owners do not exclude the port/cargo, must Owners be deemed to have accepted the risk?

• After the “Kos” [2012] UKSC 17, what causal relation is required between Charterers’ order and Owners’ loss?

• Will Owners’ loss not be covered by the indemnity if the loss would not have occurred but for the crew’s negligence, or only if the negligence was the dominant cause of the loss, or what?

• What is the relation of the general/implied indemnity to other/express clauses of the charterparty?

• Is the indemnity only there to fill the gaps not dealt with by the express clauses of the charterparty, or only to deal with changes in risks after the fixture was agreed?

• If Owners do not succeed on an unsafe port claim can they take a second bite at the cherry and recover an indemnity for Charterers’ order to go to the port?

• Is the “George C Lemos” (Mustill J, 1979) [1991] 2 Lloyd’s Rep 107 still good law?

Date: 03/02/2014
Chair:

The Rt Hon. Lord Justice Aikens

Panellists:

David Martin-Clark - Arbitrator at Stone Chambers
Andrew Baker QC - 20 Essex Street
Robert Gay - Hill Dickinson LLP

Venue:

Hill Dickinson LLP
The Broadgate Tower (8th floor)
20 Primrose Street
London
EC2A 2EW

Time:

6.00pm - 8.00pm

CPD Points:

This event will be accredited for 2 CPD points

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