Privremena mjera zaustavljanja broda radi osiguranja novčane tražbine brodogradilišta iz ugovora o gradnji broda : [prikaz presude]
Arrest of a vessel as security for shipyard's claim under a shipbuilding contract : [case review]

Summary/Abstract: The plaintiff / shipyard terminated a shipbuilding contract due to the buyer’s / defendant’s repudiatory breach which the shipyard accepted and brought the contract to an end in May 2015. Since the contract was governed by English law and disputes thereunder were to be referred to LMAA arbitration, the shipyard commenced arbitration in London against the buyer, claiming, inter alia, damages. The arbitral tribunal made its decision in June 2016 in favour of the shipyard and ordered the buyer, inter alia, to compensate the shipyard for damages in an amount which was to be decided at a separate hearing, unless the parties settled in the meantime. The shipyard’s attempts to settle the claim were without success. The buyer is also the owner of a cruise vessel under the flag of St Vincent and the Grenadines. The vessel arrived in the port of Bergen, Norway, in June 2019. Since the shipyard did not have any security for its maritime claim it made an application to the Bergen District Court (Bergen Tingrett) to arrest the cruise vessel whilst in the port of Bergen as security for the shipyard’s claim.The court arrested the vessel.

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