Litigation & Arbitration

Horn[+] Co. has experience of all problems that can arise out of the ownership, operation and use of ships, is familiar with all the standard forms of contract in use in the shipping industry and has been involved in advising and handling disputes relating to most of them.

This experience extends to both litigation and arbitration in connection with time and voyage charters as well as all the contract forms commonly in use in the shipping industry, the defence of cargo claims, dealing with ship arrest, dealing with disputes arising out of the sale of ships as well as disputes arising out of shipbuilding contracts. Horn [+] Co. has also handled claims following Constructive Total Loss and has dealt with all issues arising including arranging transhipment of cargo, pursuing claims against relevant underwriters and handling all related contractual disputes.

Representative litigation cases and experience include:

Yasa Aysen – Treatment of storage charges in general average
Jay Bola – Hague rules time limit
Isopan v Essar– Anti suit injunction
Sea Breeze – Section 68 and 69 challenge
Pomoroye – Freezing injunction
Baltic Navigator – Identity of carrier and jurisdiction of arbitrators; Section 67 challenge
De Molestina v Ponton – Shareholders dispute
Nicholas H – Duties of classification societies.
Houda – Scope of lawful orders to be given under a time charter.
Rialto – Piercing corporate veil following repudiatory breach of charter.
Stolidi – Claims against brokers, owners, hull underwriters and defences of claims brought by cargo, charterers and other third parties following a CTL of a VLCC.

Representative Arbitration matters include:
• Voyage charter disputes
• Time charter disputes
• Demurrage/despatch
• Off hire disputes
• Speed and performance claims under various form of time charter.
• Cargo/ship misdescription
• Safe port/berth cases
• Pursuit and defence of cargo claims
• Sale/purchase disputes relating to second hand tonnage as well as new building
• Transhipment agreements
• Claims relating to repudiatory and other breaches of charter and early redelivery.
• Owners rights of recovery of charter party indemnity claims under NYPE 93, Shelltime charter and other charter forms
• Rights of shipyard following an explosion during repairs to a vessel, including conduct of LMAA arbitration in connection with defence of claims made for consequential losses
• Disputes as to the time bar for NYPE indemnity claims under NYPE inter club agreement
• Claims relating to the damages payable following breach of NSF for sale of bulk carrier
• Claims relating to the liability for non delivery of a handy size bulk carrier and quantification of damages