9 Jul 2015
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
- HCMP2315/2014
Leave to appeal was dismissed because the in rem proceedings were brought on the original claim for unpaid charter hire rather than to enforce the arbitral award; the 'no bar rule' applies to permit an in rem action while the arbitral award remains unsatisfied; and Cap 46 s5(1) does not apply to arbitral awards so The Indian Grace (No.2) did not abrogate The Rena K in this context.