QUEEN'S BENCH DIVISION
Admiralty claim in rem against THE MV SANKO MINERAL
Rolls Building, 7 Rolls Buildings
Fetter Lane, London EC4A 1NL
B e f o r e :
| THE BANK OF TOKYO-MITSUIBISHI UFJ LIMITED
|- and -
|THE OWNERS OF THE MV SANKO MINERAL
Tom Smith QC and Andrew Shaw (instructed by Holman Fenwick Willan) for the Cautioner
Andrew Stevens (instructed by Watson Farley & Williams LLP)for the Claimant
Hearing dates: 14 November 2014
Crown Copyright ©
Mr. Justice Teare:
"Any claim must be made in writing and Claimant's Arbitrator appointed within twelve months of final discharge and where this provision is not complied with the claim shall be deemed to be waived and absolutely barred."
"Pursuant to Articles 20(6) and 21(1)(g) of the Model Law, the stay and suspension in Article 20(1) of the Model law is modified as follows and additional relief is granted in the following terms:
(1) No step may be taken to enforce any mortgage, charge, lien or other security over the Company's property except with the consent of the Foreign Representative or the permission of the Court.
(3) No legal process may be instituted or continued against the Company or its property except with the consent of the Foreign Representative or the permission of the Court. For the purposes of this Order, the term "legal process" includes arbitrations, other legal proceedings, execution, distress, diligence, and all other forms of legal process.
"5. The Claimant shall procure that notice of the sale is advertised in Lloyd's List and Trade Winds, which advertisements shall notify all persons having claims in rem against the Vessel to apply to the Companies Court, or to request the Defendant's Foreign Representative, for permission to commence such claims forthwith and, in any event, no later than 60 days after the date of such notice."
"The applicant for a caution claims to have an in rem right against the above-mentioned property or proceeds of sale for US$3,009,049.50 and £23,566.60…….This amount is secured by a maritime lien over the MV Sanko Mineral."
The arbitration point
The statutory right of action in rem
(1) This Part applies to admiralty claims.
(2) In this Part-
(a) 'admiralty claim' means a claim within the Admiralty jurisdiction of the High Court as set out in section 20 of the Supreme Court Act 19811;
(b) 'the Admiralty Court' means the Admiralty Court of the Queen's Bench Division of the High Court of Justice;
(c) 'claim in rem' means a claim in an admiralty action in rem;