Farenco Shipping Co. Ltd. v. Daebo Shipping Co. Ltd. (The “Bremen Max”) – QBD (Comm. Ct.), 11 Nov 2008

NYPE -- DISCHARGE OF CARGO WITHOUT PRESENTATION OF BILLS OF LADING -- MISDELIVERY OF CARGO -- RESPONSIBIILITY FOR PROVISION OF SECURITY TO PREVENT ARREST -- PROPER CONSTRUCTION OF LETTER OF INDEMNITY -- Preliminary Owner Award In a chain of back-to-back charters with sub-Charterers (with identical terms and LOI clause), the Judge decides who is responsible for putting up security to prevent the Vessel’s arrest by the bill of lading holder for alleged non-delivery of the cargo.