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Atlantic Shipping (London) Ltd v. The Captain Forever

In this matter the Plaintiff had commenced arbitration proceedings in England for reimbursement of moneys paid for bunkers under a charter party, and had negotiated security for the bunkers claim. The Plaintiff later commenced action for breach of charter party and for the bunkers claim. The Plaintiff sought a much higher sum as security. The issue in the case was whether the Plaintiff was entitled to re-arrest the ship and to claim a higher sum as security. The Court held that there was nothing preventing the Plaintiff from doing so in respect of the claims not included in the arbitration.

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