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这个意外的伦敦仲裁裁决虽然存在法律错误,但是凸显了在争议初期没有寻求法律意见的风险。

案件事实并不曲折,是日常船舶加油的通常情形。期租租家安排供油商给船舶加油。期租租约和光租租约里都有无留置权条款。然而,正如典型供油合同的设计,除期租租家之外,包括船东和船舶在内的其他有关主体也被列为供油合同的相对方。合同进一步规定适用英国法,并且就供油而产生的对船舶的优先权适用美国联邦海事法。

详细信息请参阅附件。

 

London Arbitration 28/22: (Maritime) Lien on Me?

An interesting (anonymised but legally incorrect) London arbitration final award highlights the risks of foregoing legal advice at an early stage of a dispute.

The facts of the case are straightforward, and a common scenario seen every day when vessels stem bunkers. The vessel was on time charter and the time charterers arranged a stem of bunkers on their own account with bunker suppliers. The time charter included a no-lien clause, as did the demise (bareboat) charter. However, as is quite typical, the bunker sale contract purported to be made with not only the time charterers but also the owners and the vessel, amongst other supposed counterparties. Furthermore, it was subject to English law but applied United States federal maritime law for the purpose of purportedly creating a US statutory maritime lien against the vessel for the bunkers supplied.

Please see attached file for details.