在英国高院5月7日审理的一起名为Harms Bergung Transport and Heavy lift GmbH & Co KG诉Harms Offshore AHT “Uranus” GMbH& Co Kg and Others (QBD [2015] EWHC 1269)的案件中，一家德国的船舶管理公司(原告)起诉了多家德国船东公司(被告)。
原告提出了两项索赔：第一，被告错误的终止了船舶管理合同，因为其未合理通知原告即出售了船舶；第二，原告是持有船东公司的股份的共同船舶所有人，船东因为未合理通知原告而违反了公司章程。这两项索赔分别应根据船舶管理协议由德国仲裁和根据欧盟理事会条例由德国法院来解决。
详细信息请参阅附件。
Shipmanagement contractual dispute
– Admiralty Jurisdiction and Security
In a recent case Harms Bergung Transport and Heavy lift GmbH & Co KG v Harms Offshore AHT “Uranus” GMbH & Co Kg and Others – QBD [2015] EWHC 1269 (Admity Ct) on 7 May, concerned a dispute where German Ship management company (‘Claimant’) had a claim against the German companies that owned the vessels(‘Defendant’).
The Claimant had two claims against the Owner of the vessels – a) for wrongfully terminating the management agreements by selling the vessels without due notice to the Claimants, b) The Claimant was co-owners of the Vessels by way of owning shares in the corporate entity of the Owners and the Owners breached the Article of Association without due notice. Both these claims were subject to German arbitration under the ship management agreements and German Court pursuant to European Union Council Regulation respectively.
See attached file: ALCO20150039 Shipmanagement contractual dispute – Admiralty Jurisdiction and Security.pdf
