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
Nick Veldman
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…
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.…
Case Note: mv Grey Fox
By Nick Veldman & Adam Butler on
Introduction
The Western Cape High Court handed down a novel and potentially far-reaching decision in March 2025 in Ti Ya Toivo Limited and Others v mv “Grey Fox” and Others, that appears to extend the jurisdiction of South Africa’s admiralty courts well beyond the conventional understanding of its limits.
The Court decided that section…