21 Jul 2014
HANDYTANKERS KS v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL M/V “ALAS”, SUBSEQUENTLY RENAMED AS “KOMBOS” AND THOSE OTHER VESSELS NAMED IN SCHEDULE “A” ANNEXED HERETO
- Citation
- HANDYTANKERS KS v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL M/V “ALAS”, SUBSEQUENTLY RENAMED AS “KOMBOS” AND THOSE OTHER VESSELS NAMED IN SCHEDULE “A” ANNEXED HERETO
- Court
- Court of First Instance
- Case number
- HCAJ241/2009
The Court held that the plaintiff validly invoked the in rem jurisdiction because the pleaded cause of action is for breach of the charterparty and unpaid hire under section 12A(2)(h) and not an action to enforce the arbitral award; under the Rena K line of authority an unsatisfied arbitral award does not bar pursuit of an in rem claim or the arrest of a vessel as security for an anticipated in rem judgment; therefore the arrest was not an abuse of process and the defendants' summons to set aside the warrant of arrest was dismissed.