Parties usually expect documents generated in a private arbitration to remain confidential. In South Africa, that expectation does not hold once the same dispute, or the same casualty, becomes the subject of related or parallel court proceedings. Where arbitration material is relevant to issues before a South African court, it is likely to be discoverable
Andrew Robinson
Your Time is Up! Navigating maritime security: Lessons from the Yangze 22 decision
By Andrew Robinson & Nicholene Mazibuko on
When tendering a letter of undertaking (LOU) to an arresting party, a P&I Club cannot lawfully include terms that could cause the undertaking to expire according to the Australian Federal Court.
In the case of the “Yangze 22”, the court refused to release a vessel from arrest because the P&I Club’s LOU included…
Associated ship arrests: security needs and hearsay evidence
By Andrew Robinson & Nick Veldman on
In South Africa it is possible to arrest any property (not only marine property) to obtain security for a claim that the arresting party is pursuing, or will pursue, in another forum or jurisdiction. To obtain such an arrest, the applicant must show that its need for security is genuine and reasonable.
In a June…
You first! Pay‑to-be-paid clauses upheld in marine liability insurance policies in UK: South African lessons
By Nick Veldman & Andrew Robinson on
In November 2025 the UK Court of Appeal confirmed that a “pay-first” clause in a marine liability policy is valid when it accordingly prevents direct recovery by a third party from the insurer when the insured is unable to discharge its underlying liability.
Because the insured was insolvent, the court refused a direct claim by…
What’s in the Box? Container Fraud and Carrier Liability: Guidance from Stournaras v Maersk
By Andrew Robinson & Nicholene Mazibuko on
1 In the English court decision of Stournaras Stylianos Monoprosopi EPE v Maersk A/S the court clarified the scope of carrier obligations under the Hague Rules, the role of Verified Gross Mass (VGM) data, and the risks of container fraud. The judgment provides practical guidance for both consignees and carriers in navigating the complexities of…
The Ticking Time Bomb of Time Bars – when does the ticking start?
By Nick Veldman & Andrew Robinson on
Supreme Court Confirms One-Year Misdelivery Time Bar in FIMBank plc v KCH Shipping Co Ltd
Introduction
The application of the one-year time bar under the Hague and Hague-Visby Rules to claims for delivery, misdelivery, non-delivery, or defective delivery of cargo has long been a source of debate and uncertainty within the shipping and insurance sectors.…
Comparing UK and South Africa insurable interest
By Andrew Robinson & Nicholene Mazibuko on
The Bank had loaned money to the owners of the vessel “TERAS LYZA” (the Vessel). To secure the loan, the Bank registered a mortgage over the vessel and insured their interest in the vessel with marine insurance underwriters (the Insurer).
The marine insurance policy covered the hull and machinery (Section A – USD56 million) with…
UK Supreme Court Clarifies Charterers’ Right to Limit Liability in MSC Flaminia Judgment
By Andrew Robinson & Nicholene Mazibuko on
Can a charterer limit its liability for claims brought against it by the owner?
In a significant decision for the maritime industry, the UK Supreme Court in the MSC Flaminia judgment [1] has clarified the scope of a charterer’s right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC…
Note on Lonham Group Ltd v. Scotbeef Ltd [2025] EWCA Civ 203
By Andrew Robinson & Adam Butler on
We regularly hear from our insurance clients that they have great difficulty in getting their freight operator insureds to contract appropriately with their customers to protect against liability.
It is almost always our advice that the policy must ensure that the transporter has in place appropriate standard trading conditions that are binding or has appropriate…
Compliance with court order to provide security for costs
By Andrew Robinson on
This blog was co-authored by Adam Butler, Candidate Attorney.
The failure to put up security for costs when required to do so can have significant consequences.
On 20 November 2024, the Johannesburg High Court delivered judgment in Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Others, ordering that Siyakhula’s…