Most shipbuilding contracts require a prospective owner of a ship to pay the purchase price in instalments, usually linked to key stages in the construction of the ship.
The English High Court has today ruled (“The SALDANHA” – [2010] EWHC 1340 Comm) that a ship which was seized by pirates early in 2009 remained on-hire for the period of the detention. The case was brought by a Member entered in the Association.
Members will be aware of the recent explosion on the “Deepwater Horizon” drilling oil rig 130 miles southeast of New Orleans and the resulting oil pollution now affecting the area around the rig. Following the incident, many questions and concerns have arisen regarding the implications for owners and charterers.
A refund guarantee is a crucial aspect of any newbuilding contract. It is the security which underpins the pre-delivery instalments that the buyer has to make. If something goes wrong it is that security which aims at placing the buyer in the same position as he was when he entered in to the contract.