Shipping & Transport

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Shipping & Transport Law

This Section of the website contains Case Notes on the following cases. To access the Case Note, click on the name of the case.

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Lansat Shipping Co Ltd v Glencore Grain BV (The "Paragon")
English Commercial Court: Blair J: [2009] EWHC 551 (Comm): 25 March 2009
CHARTERPARTIES: LATE REDELIVERY: ILLEGITIMATE LAST VOYAGE: PENALTY CLAUSES: GENUINE PRE-ESTIMATE OF DAMAGES

Farenco Shipping Co Ltd v Daebo Shipping Co Ltd (The "Bremen Max")
English Commercial Court: Teare J: [2008] EWHC 2755 (Comm): 11 November 2008
CHARTERPARTIES: DISCHARGE OF CARGO WITHOUT PRESENTATION OF BILLS OF LADING AT CHARTERERS’ REQUEST: MISDELIVERY OF CARGO: ORDER OF SPECIFIC PERFORMANCE TO REPLACE OWNERS’ SECURITY FOR RELEASE OF VESSEL FROM ARREST WITH CHARTERERS’ SECURITY: PROPER CONSTRUCTION OF LETTER OF INDEMNITY: WHETHER CHARTERERS OBLIGED TO INDEMNIFY OWNERS

Mediterranean Salvage & Towage Ltd v. Seamar Trading & Commerce Inc.
English High Court: Queen’s Bench Division: Commercial Court: Aikens J.: [2008] EWHC 1875 Comm.; 1 August 2008
SHIPPING: ARBITRATION: APPEAL UNDER S.69 ARBITRATION ACT 1996: VOYAGE CHARTERPARTY NAMING LOADING PORT: WARRANTY OF SAFETY IN PRINTED TEXT OF CHARTERPARTY RELATING TO NAMED LOAD PORT DELETED: IN ADDITIONAL CLAUSE OWNERS SAY THEY SATISFIED WITH "PORTS SPECIFICATIONS AND RESTRICTIONS": VESSEL DAMAGED BY FOUL BERTH AT LOADING PORT: WHETHER A WARRANTY OF SAFETY SHOULD BE IMPLIED INTO THE CHARTERPARTY

CTI Group Inc v Transclear SA
English High Court: Commercial Court: Field J.: [(2007] EWHC 2070 (Comm)
CONTRACTS: INTERNATIONAL SALE OF GOODS: CEMENT: SHIPPING: FOB CONTRACTS: WHETHER FAILURE OF SELLER TO SUPPLY CARGO AMOUNTED TO FRUSTRATION OF CONTRACT: WHETHER TERM TO BE IMPLIED THAT ‘ALL BETS WERE OFF’ IF THIRD PARTY INTERVENED TO PREVENT THE SUPPLY OF THE CARGO: CAN FAULT OF SUPPLIER BE IMPUTED TO THE SELLER IN THE ABSENCE OF A CONTRACT BETWEEN THEM?: WHICH PARTY BORE THE RISK OF FAILURE OF SUPPLY?

Trans-Tec Asia v. M/V "Harmony Container"
United States of America: United States Court of Appeals for the Ninth Circuit: Judges M. M. McKeown, A. Kozinski, A. W. Tashima, 2008 U.S. App. LEXIS 5143: March 11, 2008
SHIPPING: CONTRACT FOR SUPPLY OF BUNKERS: CHOICE OF US LAW AS PROPER LAW: CONTRACT PROVIDED MARITIME LIEN FOR NECESSARIES: BUNKERS SUPPLIED ABROAD BY AND TO NON-US PARTIES: WHETHER CONTRACTUAL MARITIME LIEN ENFORCEABLE

Chan Kwai Ha v Wong Chick Bun
Hong Kong Court of Appeal: Ma, CJHC, Stone and Reyes, JJ: CA (2008) CACV 200/2007: 27 February 2008
COLLISION BETWEEN TUG AND TOW: WHETHER CLAIM BY TOW OUT OF TIME UNDER MERCHANT SHIPPING (COLLISION DAMAGE LIABILITY AND SALVAGE) ORDINANCE 1997: COLLISION CONVENTION 1910: WHETHER TIME LIMIT IN CONVENTION AND ORDINANCE APPLIED TO CONTRACTUAL CLAIMS: MEANING OF ‘FAULT’: WHETHER APPROPRIATE TO EXERCISE COURT’S DISCRETION TO EXTEND TIME LIMIT

ERG Raffinerie Mediterranee Spa v Chevron USA Inc
English Court of Appeal: Buxton and Longmore LJJ, Sir Martin Nourse: [2007] EWCA Civ 494: 22 May 2007
CONTRACTS - SALE OF GOODS – SHIPPING: CANCELLATION: CONDITIONS: DELAY: DELIVERY: DEMURRAGE: FOB CONTRACTS: FRUSTRATION: LAYTIME: LOADING: OIL AND GAS INDUSTRY: REPUDIATION: SHIPMENT: TERMINATION: TIME OF THE ESSENCE: LAYCAN PROVISIONS: CREATION OF NON-STANDARD FOB CONTRACT IN WHICH TIME OF SHIPMENT NOT OF ESSENCE

Federal Republic of Germany: Supreme Court, Bundesgerichtshof: I ZR 138/04: 18 October 2007
CARRIAGE OF GOODS BY SEA: MULTIMODAL CONTRACT OF CARRIAGE: DAMAGE DURING LOADING ONTO ON-CARRYING VEHICLE AT PORT OF DISCHARGE: WHETHER MARITIME OR ROAD CARRIAGE LIMITATIONS OF LIABILITY APPLY

1. International Transportation Service Inc. v. The Owners of the vessels "Convenience Container", "Kingdom Container" and "Liberty Container" and Florens Container Inc. as Intervener;
2. Rudolf A. Oetker KG v. The Owners of the Vessels "Convenience Container", "Kingdom Container", "Liberty Container" and "Mandarin Container";
Hong Kong: Hong Kong Court of Appeal: Ma, CJHC., Stone & Reyes JJ.: CACV 234-240/2006: 16 July 2007
FOREIGN LIQUIDATION: ADMIRALTY JURISDICTION: HONG KONG COURT ORDINANCE s.12(B)(4)(i): MEANING OF ‘BENEFICIAL OWNERSHIP’: RELEVANCE OF INSOLVENCY LAW TO HONG KONG ADMIRALTY JURISDICTION: WHETHER CLAIMS WHERE WRITS WERE ISSUED AFTER JUDICIAL SALE WERE TOO LATE TO PARTICIPATE IN DISTRIBUTION OF PROCEEDS OF SALE: PROCEEDS OF SALE IN ADMIRALTY

World Fuel Services (Singapore) Pte Ltd v. Florens Container Inc. ("The Liberty Container")
Hong Kong SAR: Court of Final Appeal: Mr Justice Bokhary, Mr Justice Chan and Mr Justice Ribeiro PJJ, Mr Justice Nazareth NPJ and Lord Millett, NPJ: 16 May 2007
PARTY IN LIQUIDATION: CREDITOR FUNDED LITIGATION: S.52(A) HONG KONG HIGH COURT ORDINANCE: S.265(B) HONG KONG COMPANIES ORDINANCE: WHETHER FUNDER SUBJECT TO COSTS ORDER: CRITERIA TO BE APPLIED

Carewins Development (China) Ltd v Bright Fortune Shipping Ltd
Hong Kong SAR Court of Appeal: Ma CJHC, Barma and Reyes JJ: CACV 328/9/2006: 13 July 2007
STRAIGHT BILLS OF LADING: MISDELIVERY OF GOODS: PRESENTATION RULE: CONVERSION: EXEMPTION OF CARRIERS’ LIABILITY FOR MISDELIVERY: MEANING OF "DISCHARGE" AND "DELIVERY": AMBIGUITY

In re M/V DG HARMONY
United States of America: United States Court of Appeals for the Second Circuit; 2008 U.S. App. LEXIS 4483; Sack, Parkes and Hall JJ.: March 3, 2008 
SHIPPING: CARRIAGE OF DANGEROUS CARGO: US CARRIAGE OF GOODS BY SEA ACT 1936 s.4(6): STRICT LIABILITY: DUTY TO WARN: NEGLIGENCE

Reino de Espana v. The American Bureau of Shipping, Inc.
United States of America: United States District Court for the Southern District of New York; Hon. Laura Taylor Swain; 2008 U.S. Dist. LEXIS 3; January 2, 2008
SHIPPING: OIL POLLUTION: CLASSIFICATION SOCIETY: INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE: "ANY OTHER PERSON WHO… PERFORMS SERVICES FOR THE SHIP: WHETHER A CONTRACTING STATE MAY BRING CLAIMS IN JURISDICTIONS OTHER THAN THOSE PROVIDED BY THE CONVENTION

Central Hudson Gas & Electric Corp. v. The Tug M/V Scott Turecamo and Others
United States of America: United States District Court for the Southern District of New York; William C. Conner; 496 F.Supp. 2d 331; July 25, 2007
SHIPPING: DAMAGE TO UNDERWATER PIPELINE: MEASURE OF DAMAGES: WHETHER PIPELINE SHOULD BE REPLACED: WHETHER BY RECONFIGURING ITS DELIVERY SYSTEM, PLAINTIFF ‘MADE WHOLE’: WHETHER DAMAGED PIPELINE SHOULD BE REMOVED

Robinson v. Orient Marine Co. Ltd., et al.
United States of America : United Sates Court of Appeals for the Fifth Circuit
505 F.3d 364 (5^th Cir. October 19, 2007)
SHIPPING: INJURY TO LONGSHOREMAN: LIABILITY OF OWNER AND CHARTERER UNDER LONGSHORE & HARBOR WORKERS’ COMPENSATION ACT: WHETHER CHARTERER OWED LONGSHOREMAN A DUTY INDEPENDENT OF THE OWNER: WHETHER CHARTERER HAD CONTROL OF STEVEDORE WHOSE NEGLIGENCE CAUSED THE INJURY: EFFECT OF CLAUSES IN CHARTERPARTY ASSIGNING RESPONSIBILITY FOR CARGO OPERATIONS TO CHARTERER

New Zealand China Clays Ltd. v. Tasman Orient Line CV
New Zealand High Court: Williams J.: 31 August 2007
CARRIAGE OF GOODS BY SEA: SHIP DAMAGED BY GROUNDING: SEAWATER ENTRY TO FORWARD COMPARTMENTS: DECK CARGO OF CONTAINERS DAMAGED BY INUNDATION: HAGUE-VISBY RULES: ART.IV RULE 2(a): DEFENCE OF ACT, NEGLECT OR DEFAULT OF THE MASTER… IN THE NAVIGATION OR MANAGEMENT OF THE SHIP: FAILURE TO NOTIFY AUTHORITIES OF CASUALTY: FAILURE TO PROVIDE TIMELY AND ACCURATE INFORMATION TO SHIP’S MANAGERS: CAUSE OF CASUALTY INITIALLY FABRICATED: ALL LEADING TO DELAY IN PROVISION OF SALVAGE SERVICES: WHETHER ELEMENT OF GOOD FAITH ESSENTIAL TO CARRIER’S ENTITLEMENT TO RULE 2(a) DEFENCE: WHETHER ACTIONS OF MASTER AFTER THE CASUALTY WERE ERRORS IN NAVIGATION OR MANAGEMENT OF THE SHIP MADE IN GOOD FAITH (BONA FIDE)

Niki Maritime Entreprises SA, as Disponent Owner of the M/T "Niki" v. Global Companies LLC, as Charterer
United States of America: Arbitration Award: Society of Maritime Arbitrators of New York: Gerard T Desmond, Chairman, Thomas F Fox and Donald J Szostak, arbitrators: 1 June 2007
TANKER VOYAGE CHARTERPARTY: ASBATANKVOY FORM: CALCULATION OF EXCESSIVE PUMPING TIME AT DISCHARGE PORT: HESS PUMPING CLAUSE: ASDEM¹ FORMULA

Armada Bulk Carrier Ltd, as Disponent Owner of M/V Moondance v. Andres Ruiz de Velasco, as Charterer
United States of America: Arbitration Award: Society of Maritime Arbitrators of New York: Michael A van Gelder, Chairman, Klaus C J Mordhorst and A J Siciliano, arbitrators: 19 June 2007
CONTRACT OF AFFREIGHTMENT: CARGO OF COAL IN BULK: CHARTERER FAILS TO LOAD ONE PARCEL ORIGINALLY STEMMED: DEADFREIGHT: EXCEPTIONS CLAUSE: CHARTERER’S OBLIGATIONS WITH REGARD TO PROVISION OF CARGO

Emerald Shipping Corp. v. Elmhirst Pte., Ltd, as Owner of the "Neptune Dorado"
United States of America: New York Arbitration Award: Howard M McCormack, Chairman, David W Martowski and Louis P Sheinbaum, arbitrators: Interim Ruling, 4 May 2007
ARBITRATION: SECURITY FOR CLAIM: CLUB LETTER OF UNDERTAKING: PROVISION REQUIRING CLUB TO PROVIDE BOND AS SUBSTITUTE SECURITY: WHETHER TRIBUNAL HAD AUTHORITY TO ORDER CLUB TO PROVIDE SUBSTITUTE SECURITY: PARTIES TO THE ARBITRATION: INTERPRETATION OF SUBSTITUTE SECURITY PROVISIONS IN CLUB LETTER

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia (The "Achilleas")
English Court of Appeal: Ward, Tuckey and Rix LJJ: [2007] EWCA Civ 901: 6 September 2007
TIME CHARTERPARTY: LATE REDELIVERY: FAILURE TO DELIVER WITHIN LAYCAN OF NEXT FIXTURE: RENEGOTIATION OF HIRE RATE FOR NEXT FIXTURE IN ACCORDANCE WITH LOWER PREVAILING MARKET RATES: CONSEQUENTIAL LOSS OF HIRE: RECOVERABILITY OF DAMAGES: REMOTENESS OF LOSS

Golden Fleece Maritime Inc v ST Shipping & Transport Inc (The "Elli" and The "Frixos")
English Commercial Court: Cooke J: [2007] EWHC 1890 (Comm): 02 August 2007
TIME CHARTERPARTIES: OIL TANKERS: EFFECT OF CHANGE IN INTERNATIONAL REGULATIONS RESTRICTING CARGOES THAT COULD BE LAWFULLY CARRIED: DOUBLE-SIDED VESSELS: MARPOL 1973/1978: FITNESS FOR SERVICE: WARRANTY: SHELLTIME 4 FORM

Datec Electronic Holdings Ltd and Another v United Parcels Services Ltd
United Kingdom House of Lords: Lords Hoffmann, Hope, Walker, Mance and Neuberger.: [2007] UKHL 23: 16 May 2007
CARRIAGE OF GOODS BY ROAD: CARRIER’S TERMS EXCLUDE CARRIAGE OF CONSIGNMENTS ABOVE A CERTAIN VALUE: CARRIER’S LIABILITY WHERE SUCH CONSIGNMENT IN FACT CARRIED AND NOT DELIVERED: CMR CONVENTION: WHETHER CONTRACT EXISTS TO WHICH CMR APPLIES: WHETHER CARRIER ENTITLED TO LIMIT LIABILITY UNDER CMR: WHETHER LOSS DUE TO CARRIER’S ‘WILFUL MISCONDUCT’ RENDERING LIMIT OF LIABILITY INAPPLICABLE: APPROACH OF APPELLATE COURTS IN CASES WHERE NO DIRECT EVIDENCE ON THE CAUSE OF THE LOSS

The "Asia Star"
Singapore Court of Appeal; Judgment delivered by Belinda Ang J, 27 March 2007: [2007] SCGA 17
CARRIAGE OF GOODS BY SEA: VEGOILVOY CHARTERPARTY FOR CARRIAGE OF REFINED PALM OIL: EPOXY COATING IN CARGO TANK BROKEN DOWN: WHETHER BREACH OF TERM THAT CARGO TANKS WERE TO BE "EPOXY COATED": WHETHER VESSEL UNFIT TO CARRY CARGO: WHETHER FAILURE OF DUE DILIGENCE TO MAKE VESSEL CARGOWORTHY: WHETHER LIABILITY EXEMPTED UNDER TERMS OF CONTRACTUAL RIGHT OF CANCELLATION

The "Pacific Vigorous"
Singapore High Court: Belinda Ang Saw Ean J: 9 June 2006; [2006] 3 SLR 374; [2006] SGHC 103
CARRIAGE OF GOODS BY SEA: DELIVERY WITHOUT BILLS OF LADING: UNILATERAL PART PAYMENT BY BUYER: WHETHER SELLER’S ACCEPTANCE OF PART PAYMENT AMOUNTED TO ELECTION NOT TO SUE SHIPOWNER

R A International Ltd v The Commissioners for HM Revenue & Customs
Special VAT Appeals Tribunal: Lady Mitting (Chairman) and Mr M Farooq: (E01004) (2006): 29 November 2006
EXCISE DUTIES: CONSIGNMENT OF BEER TRANSPORTED UNDER MOVEMENT SUSPENSION ARRANGEMENT FROM ENGLAND TO FRANCE: RECEIPTED ACCOMPANYING ADMINISTRATIVE DOCUMENT ("AAD") NEVER RETURNED TO DESPATCHING WAREHOUSE: SUITABILITY OF CMR DOCUMENT AS ALTERNATIVE EVIDENCE OF DELIVERY TO DESTINATION WAREHOUSE: ASSESSMENT FOR UK DUTY ON THE LOAD: LIABILITY OF CARRIER AS GUARANTOR: EXCISE DUTY POINTS (DUTY SUSPENDED MOVEMENTS OF EXCISE GOODS) REGULATIONS 2001 (SI 2001/3022) ('THE DSMEG REGULATIONS'), REGS.3, 4 AND 7(1): HMRC NOTICE 197, S.71.1 AND S.71.2

TNT Global SpA v Denfleet International Ltd
English Court of Appeal: Waller, Tuckey and Toulson LJJ: [2007] EWCA Civ 405: 2 May 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/405.html
ROAD HAULAGE: MEANING OF ‘WILFUL MISCONDUCT’: CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD ("THE CMR"), ARTS.29 & 32

AIC Ltd v ITS Testing Services (UK) Ltd (The "Kriti Palm")
English Court of Appeal: Buxton and Rix LJJ, Sir Martin Nourse: [2007] 1 Lloyd’s Rep 555: 28 November 2006
INSPECTION COMPANY: CERTIFICATES OF QUALITY: FAILURE OF INSPECTION COMPANY TO NOTIFY CLIENTS OF DEFECTS IN CERTIFICATES OF QUALITY: WHETHER FAILURE AMOUNTED TO TORT OF DECEIT : WHETHER FAILURE AMOUNTED TO A BREACH OF DUTY: EFFECT OF FAILURE ON S.32(1)(b) LIMITATION ACT 1980

Mediterranean Shipping Company SA v Trafigura Beheer BV (The "MSC Amsterdam")
English Court of Appeal: Tuckey, Longmore and Lloyd LJJ: [2007] EWCA Civ 794: 27 July 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/794.html
BILL OF LADING: CONTRACT OF CARRIAGE: FRAUD: CONVERSION OF GOODS: APPLICATION OF HAGUE RULES ("HR") OR HAGUE-VISBY RULES ("HVR"): HVR, ART.X(a)-(c): CARRIAGE OF GOODS BY SEA ACT 1971: APPLICATION OF HR OR HVR AFTER DISCHARGE BUT BEFORE GOODS IN RECEIVER’S CUSTODY: HR/HVR, ART.II AND ART.III,R.2: PROPER INTERPRETATION OF THE TERMS OF THE CONTRACT OF CARRIAGE: AWARD OF DAMAGES AT DATE OF CONVERSION OR DATE OF JUDGMENT: TORTS (INTERFERENCE WITH GOODS) ACT 1977, S.3(2)(b): WHETHER BOTH DAMAGES AT DATE OF JUDGMENT AND INTEREST RECOVERABLE

AIC Limited v Marine Pilot Limited (The "Archimidis")
English Commercial Court: Gloster J: [2007] EWHC 1182 (Comm): 17 May 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2007/1182.html
VOYAGE CHARTERPARTY: SAFE PORT WARRANTY: NAMED SINGLE LOADPORT: DEADFREIGHT: TENDER OF FULL CARGO LOAD: SILTING IN LOADPORT: VESSEL UNABLE TO LOAD FULL CARGO: POSSIBILITY OF SHIP-TO-SHIP TRANSFER OUTSIDE LOADPORT: RIGHT TO CLAIM DEADFREIGHT FOR SHORTFALL

STX Pan Ocean Co Limited v Ugland Bulk Transport AS (The "Livanita")
English Commercial Court: Langley J: [2007] EWHC 1317 (Comm): 06 June 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2007/1317.html
TIME CHARTERPARTY: SAFE PORT WARRANTY: TRADING EXCLUSIONS CLAUSE: ICE DAMAGE TO VESSEL: PROPER INTERPRETATION OF CONTRACT

High Seas Venture Limited Partnership v Sinom (Hong Kong) Limited
English High Court: Commercial Court: HHJ Mackie QC: [2007] EWHC 673 (Comm): 29 March 2007
VOYAGE CHARTERPARTY: LAYTIME AND DEMURRAGE: STATEMENT OF FACTS: DELAY IN LIGHTENING OPERATIONS: REASONS FOR SUSPENSION OF DISCHARGE OF VESSEL: MEANING OF "ON THE BASIS OF": MEANING O F "MUTUALLY CONFIRMED": SUPPORTING EVIDENCE: WEIGHT TO BE ATTRIBUTED TO CONTEMPORANEOUS EVIDENCE, COMPARED WITH LATER RECOLLECTION OF FACTS IN WITNESS STATEMENTS

Edwinton Commercial Corporation and Global Tradeways Ltd v Tsavliris Russ (Worldwide Salvage and Towage) Ltd (The "Sea Angel")
English Court of Appeal: Rix, Wall and Hooper LJJ: [2007] EWCA Civ 547: 12 June 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/547.html
TIME CHARTERPARTY: FRUSTRATION: UNREASONABLE DETENTION OF VESSEL BY GOVERNMENTAL AUTHORITIES: FORESEEABILITY OF DELAY: PROPER APPROACH TO DETERMINING WHETHER A CONTRACT IS

Cosmar Shipping Co. Ltd v. SLS Trading Company Inc.
United States of America: Society of Maritime Arbitrators of New York: Thomas F. Fox, Alexis Nichols and Manfred W. Arnold, arbitrators: SMA Award No. 3944: 24 October 2006
GENCON CHARTERPARTY: CARGO OF SCRAP: DEMURRAGE: DISCHARGING LAYTIME EXPRESSED IN TERMS OF "WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS": MEANING OF "WEATHER WORKING DAY": WHETHER DISCHARGE IN FACT PREVENTED BY RAIN: DEMAND FOR SECURITY: CONSIDERATIONS FOR THE TRIBUNAL TO APPLY

Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (The "Golden Victory")
House of Lords: Lords Scott, Carswell & Brown (majority); Lords Bingham & Walker (dissenting): [2007] UKHL 7: 28 March 2007
SHIPPING: ARBITRATION: APPEAL ON QUESTION OF LAW UNDER ARBITRATION ACT 1996, SECTION 69: WRONGFUL TERMINATION OF LONG-TERM CHARTERPARTY: QUANTIFICATION OF DAMAGES: WHETHER FUTURE EVENTS CAN BE TAKEN INTO ACCOUNT

(1) Izumo Mokko Co. Ltd and (2) Huiyang Shey Chang Timber Co. Ltd v. T.S. Lines Limited
Hong Kong: Hong Kong District Court: Civil Action No. 3730 of 2005: HH Judge Lok: 30 April 2007
SECURITY FOR COSTS: FOREIGN CORPORATIONS: DISCRIMINATION: DIFFICULTIES IN ENFORCING JUDGMENT: FACTORS TO CONSIDER

The Owners of the Vessel "CSAV Tokyo" v. The Owners of the Vessel "KMTC Hong Kong"
Hong Kong High Court: Admiralty Court: Waung J.: HCAJ 164/2004: 4 August 2006
ADMIRALTY: COLLISION: ADMISSION OF LIABILITY BY THE DEFENDANTS: PLAINTIFFS’ WRIT ISSUED WHEN CLAIM ALREADY TIME-BARRED: HONG KONG MERCHANT SHIPPING (COLLISION DAMAGE, LIABILITY AND SALVAGE) ORDINANCE : EXTENSION OF TIME FOR ISSUING WRIT: TEST TO APPLY: "GOOD REASON" MUST BE SHOWN: IGNORANCE OF THE DEFAULTING PARTY: CONDUCT OF THE DEFENDANTS

HBC Hamburg Bulk Carriers GMBH & Co KG v Tangshan Haixing Shipping Co Ltd (The "Fu Ning Hai")
English High Court: Commercial Court: Morison J: [2006] EWHC 3250 (Comm): 15 December 2006
TIME CHARTERPARTY: OFF-HIRE: RIGHT OF CANCELLATION IF OFF-HIRE EXCEEDS 30 DAYS: EFFECT OF AGREEMENT TO VOYAGE OUTSIDE SCOPE OF CHARTER: WHETHER SUCH AN AGREEMENT AMOUNTS TO "ANY OTHER CAUSE WHATSOEVER PREVENTING THE WORK OF THE VESSEL UNDER THE OFF-HIRE CLAUSE: ARBITRATION ACT 1996, S.68(2) AND S.69

T. Comedy (U.K.) Limited v. E M T Limited
English High Court: Queen’s Bench Division: Commercial Court: Jonathan Hirst QC sitting as a Deputy Judge: 28 March 2007
CARRIAGE OF GOODS BY ROAD: CMR CONVENTION: ROAD HAULAGE ASSOCIATION CONDITIONS OF CARRIAGE AND OF STORAGE: INCORPORATION OF RHA CONDITIONS IN CARRIAGE CONTRACT: LIEN PROVISIONS: GENERAL AND PARTICULAR LIENS: OWNERSHIP OF THE GOODS LIENED: WHETHER GENERAL LIEN COMPATIBLE WITH ART.13.2 OF CMR: WHETHER ART.13.2 LIEN OPERATES WHERE CARRIAGE CHARGES NOT SHOWN ON CONSIGNMENT NOTE

1. International Transportation Service Inc. v. The Owners of the vessels "Convenience Container", "Kingdom Container" and "Liberty Container" ;2. Rudolf A. Oetker KG v. The Owners of the Vessels "Convenience Container", "Kingdom Container", "Liberty Container" and "Mandarin Container" 
Hong Kong High Court: Court of First Instance, Admiralty Action No. 150, 151, 153, 268, 270, 271 and 272 of 2003: Waung J.: 5 June 2006
MEANING OF BENEFICIAL OWNERSHIP ON LIQUIDATION: INTER-ACTION BETWEEN HONG KONG ADMIRALTY JURISDICTION AND INSOLVENCY LAW: CROSS-BORDER EFFECT OF LIQUIDATION

1) Zhoushan Xinhong Aquatic Co. Ltd. (2) Kyoritsu Shoji Co. Ltd. v. (1) Sino Trans Limited (2) China Shipping Container Lines (Hong Kong) Co. Ltd
Hong Kong District Court: Civil Action No. 540 of 2006: Judge H.C.Wong: 4 August 2006
Mr. Kerry of Messrs Crump & Co., for the Plaintiffs
Mr. Colin Wright, instructed by Messrs. Richards Butler, for the first Defendant
ADMIRALTY: STAY OF PROCEEDING: BILL OF LADING CONTAINING A FOREIGN JURISDICTION CLAUSE: FACTORS TO CONSIDER

Starlight Exports Limited and Star Light Electronics Company Limited v. CTO (HK) Limited
Hong Kong High Court, Court of First Instance, Commercial Action No. 255 of 2004. Reyes J. 19 July 2006
CARRIAGE OF GOODS BY SEA: SALE ON FOB TERMS: BILL OF LADING MARKED "TO ORDER OF SHIPPER": CARRIER INSTRUCTED NOT TO RELEASE GOODS SAVE ON PRODUCTION OF FULL SET OF BILLS OF LADING: CARGO RELEASED CONTRARY TO INSTRUCTIONS: LIABILITY OF CARRIER: 9 MONTHS TIME LIMIT UNDER BILL OF LADING: MEANING OF "DELIVERY"

FONG YAU HEI v. (1) GAMMON CONSTRUCTION LIMITED (2) TUNG SHUN TRANSPORTATION & ENGINEERING LIMITED (3) CHENG KAN HO (4) LEUNG SIU WING (THE "SHUN KING 6")
High Court of Hong Kong, Court of First Instance: Mr Recorder B Yu SC: Personal Injuries Action No. 1222 of 2003: [2006] HKCFI 57
PERSONAL INJURY: INJURIES SUSTAINED IN COURSE OF SHIPBOARD EMPLOYMENT: CLAIM FOR COMPENSATION: LIMITATION OF LIABILITY UNDER THE MERCHANT SHIPPING (LIMITATION OF SHIPOWNERS LIABILITY) ORDINANCE : THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS: WHETHER SHIPOWNER ENTITLED TO LIMITATION OF LIABLITY: EXCEPTIONS: EMPLOYEES COMPENSATION ORDINANCE: Control of Exemption Clauses Ordinance

Independent Petroleum Group Limited v Seacarriers "Count" Pte Limited (The "Count")
English Commercial Court: Toulson J: [2006] EWHC 3222 (Comm): 12 December 2006
VOYAGE CHARTER: UNSAFE PORT: WHETHER PREVAILING CONDITIONS AMOUNTED TO A TEMPORARY HAZARD

Cargo interests on board MV "Cita" v. Time-charterers of MV "Cita"
Federal Supreme Court (Bundesgerichtshof – BGH); 26 October 2006 – I ZR 20/04
(see also DMC Case Note DMC/04//10 for the lower instance decision of the Hanseatic Court of Appeal of Hamburg)
Sinking of vessel because watch keeper asleep and watch alarm switched off: exclusion of liability for error in navigation –- s.607.2.1 German Commercial Code (Handelsgesetzbuch - HGB)

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia (The "Achilleas")
English Commercial Court: Christopher Clarke J: [2006] EWHC 3030 (Comm): 1 December 2006
TIME CHARTERPARTY: LATE REDELIVERY: FAILURE TO DELIVER WITHIN LAYCAN OF NEXT FIXTURE: RENEGOTIATION OF HIRE RATE FOR NEXT FIXTURE IN ACCORDANCE WITH LOWER PREVAILING MARKET RATES: CONSEQUENTIAL LOSS OF HIRE: RECOVERABILITY OF DAMAGES: REMOTENESS OF LOSS

Owners and/or Demise Charterers of the m/v "Eleftheria" v Owners and/or Demise Charterers of the m/v "Hakki Deval"
English Commercial & Admiralty Court: David Steel J (sitting with Captain Ian Gibb and Captain Nigel Pryke as Nautical Assessors): [2006] EWHC 2809 (Comm): 9 November 2006
COLLISION: ADMIRALTY PRACTICE: CASE MANAGEMENT CONFERENCE ORDERS: ADMISSIBILITY OF SEAMANSHIP AND NAVIGATIONAL EXPERT EVIDENCE IN ADDITION TO ASSISTANCE OF NAUTICAL ASSESSORS: COLLISION REGULATIONS, RULE 19

Asoma Corp. v. SK Shipping Co., Ltd.
United States of America: United States Court of Appeals for the Fifth Circuit: 2006 U.S. App. LEXIS 26427: 24 October 2006
Charterparty: Bills of Lading: damage to Cargo: claim by assignee of charterer: Conflicting Forum Selection Clauses: whether charterparty or bill of lading governs

Sompo Japan Insurance Company of America, v. Union Pacific Railroad Company
Unites States of America; United States Court of Appeals For The Second Circuit; Wesley and Hall, Circuit Judges, and Trager, District Judge; 2006 U.S. App. LEXIS 17385; July 10 2006
CARRIAGE OF GOODS: SHIPMENT UNDER INTERMODAL-THROUGH BILL OF LADING: APPLICATION OF US CARRIAGE OF GOODS BY SEA ACT 1935: HIMALAYA CLAUSE: CARMACK AMENDMENT: WHETHER STATUTORY PROVISION OVERRIDES CONTRACTUAL TERMS

Carewins Development (China) Ltd v Bright Fortune Shipping Ltd
Hong Kong Court of First Instance: Stone J: HCCL 49/2004 & HCCL 50/2004: 27 July 2006
STRAIGHT BILLS OF LADING: MISDELIVERY OF GOODS: PRESENTATION RULE: EXEMPTION OF CARRIERS’ LIABILITY FOR MISDELIVERY: MEANING OF "DISCHARGE": HAGUE/HAGUE-VISBY RULES, ART.I(E), ART.II AND ART.III, RULE 8

Law Society v Sephton & Co (a firm)
England: House of Lords: Lords Hoffmann, Scott, Rodger, Walker and Mance: [2006] UKHL 22: 10 May 2006
PROFESSIONAL NEGLIGENCE: PERIOD OF LIMITATION: PURELY CONTINGENT LIABILITY: COMMENCEMENT OF THE RUNNING OF TIME: FULFILMENT OF CONTINGENCY BEFORE TIME COMMENCES TO RUN: LIMITATION ACT 1980, S.2 AND S.14A

Ullises Shipping Corporation v Fal Shipping Co Ltd (The "Greek Fighter")
English Commercial Court: Colman J: [2006] EWHC 1729 (Comm): 14 July 2006
TIME CHARTERPARTY: DETENTION, CONFISCATION AND SALE OF VESSEL BY PUBLIC AUTHORITY FOR ALLEGED CARRIAGE OF UNLAWFUL CARGO: LIABILITY OF CHARTERER TO COMPENSATE SHIPOWNER FOR LOSS OF VESSEL: PROXIMATE CAUSE OF LOSS: LAWFUL CARGO WARRANTY: INDEMNITY CLAUSE: EXPRESS AND IMPLIED SAFE PORTS WARRANTY: INCORPORATED SHELLTIME 4 FORM, CL.4, CL.13(A), CL.27(A) AND CL.28

The "Mezen"
Singapore High Court: Daphne Hong Fan Sin AR: [2006] SGHC 35: 23 February 2006
Invocation of ADMIRALTY JURISDICTION: Whether equipment onboard a ship within scope of "goods carried in a ship"

Galaxy Special Maritime Enterprise v. Prima Ceylon (the MV Olympic Galaxy)
English Court of Appeal (Civ Div):Mummery, Buxton and Longmore LJJ: [2006] EWCA Civ 528: 3 May 2006
CONFLICT OF LAWS: SHIPPING: GENERAL AVERAGE: GENERAL AVERAGE BOND: WHETHER BOND WAS GOVERNED BY ENGLISH LAW: WHETHER ENGLAND WAS THE APPROPRIATE FORUM

Oceanografia SA DE CV v DSND Subsea AS (The "Botnica")
English High Court: Queen’s Bench Division: Commercial Court: Aikens J: [2006] EWHC 1360 (Comm): 12 June 2006
TIME CHARTERPARTY: FORMATION OF CONTRACT: ARBITRATION CLAUSE: JURISDICTION OF ARBITRATOR TO HEAR CLAIM: CONTRACT "SUBJECT TO SIGNING" BY BOTH PARTIES: FAILURE TO SIGN CONTRACT: PARTIES PROCEEDED TO PERFORM CONTRACT: WAIVER BY ELECTION OF "SUBJECT TO SIGNING" PROVISION

Select Commodities Ltd v Valdo SA (The "Florida")
English High Court; Queen’s Bench Division: Tomlinson J.: [2006] EWHC 1137 (Comm): 26 May 06
VOYAGE CHARTERPARTY "FOR DISCHARGE ONE SAFE BERTH LAGOS": SUPERVENING ILLEGALITY OF DISCHARGING VEGOIL CARGO AT LAGOS BEFORE CARGO DESIGNATED AND BROUGHT FORWARD FOR LOADING: CANCELLATION OF CONTRACT BY CHARTERER: FRUSTRATION: SCOPE OF LIBERTY CLAUSE: VEGOILVOY FORM, CL.29(A)

Edwinton Commercial Corporation and another v Tsavliris Russ (Worldwide Salvage & Towage) Ltd (The "Sea Angel")
English High Court: Queen’s Bench Division: Commercial Court: Gross J: [2006] EWHC 1713 (Comm): 26 July 2006
TIME CHARTERPARTY "FOR UP TO 20 DAYS": CLAIM FOR HIRE: UNREASONABLE DETENTION OF VESSEL: FRUSTRATION: FORESEEABILITY OF DELAY: DELAY A NORMAL INCIDENT OF MARITIME ADVENTURE: SHELLTIME 4 FORM, CL.7

Royal & Sun Alliance Insurance plc and another v MK Digital FZE (Cyprus) Ltd and others
English Court of Appeal: Auld, Rix 
and Maurice Kay LJJ: [2006] EWCA Civ 629: 17 May 2006
ROAD TRANSPORT: FREIGHT FORWARDER ("COMMISSIONNAIRE DE TRANSPORT"): THEFT OF GOODS IN TRANSIT: PROPER JURISDICTION OF DISPUTE: ACTION "PENDING": COURT "FIRST SEIZED": DOMICILE: PLACE OF PERFORMANCE: CMR CONVENTION, ART.31: CARRIAGE OF GOODS BY ROAD ACT 1965: EC JURISDICTION REGULATION 44/2001, ART.30: BRUSSELS CONVENTION, ARTS.2 AND 5: CIVIL JURISDICTIONS AND JUDGMENTS ACT 1982, S.42

Dadourian Group International Inc v Simms and Others
English Court of Appeal: Ward, Arden and Moore-Bick LJJ: [2006] EWCA Civ 399: 11 April 2006
WORLDWIDE FREEZING ORDER ("WFO"): APPLICATION FOR PERMISSION TO ENFORCE WFO ABROAD: GUIDANCE FOR CONSIDERING WFO ENFORCEMENT APPLICATIONS

L J Korbetis v Transgrain Shipping BV (The “Alexia M”)
English High Court (Queen’s Bench Division): Toulson J: [2005] EWHC 1345 (QB): 17 June 2005
LONDON ARBITRATION CLAUSE: AMENDED CENTROCON FORM: APPOINTMENT OF ARBITRATOR: ARBITRATOR’S JURISDICTION TO HEAR CLAIM: RELIEF FOR LATE COMMENCEMENT OF ARBITRATION PROCEEDINGS: ARBITRATION ACT 1996, S.32 AND S.12(3)¹: OFFER AND ACCEPTANCE OF NOMINATED ARBITRATOR: COMMUNICATION OF ACCEPTANCE: EFFECT OF TIME BAR

Travel Wizard, Claimant and Cross Respondent (Charterer) v. Clipper Cruise Line, Inc. Respondent and Cross Claimant (Owner) – The Clipper Odyssey
United States of America: Society of Maritime Arbitrators of New York, Inc.; R. Glenn Bauer, Esq., Howard M. McCormack, Esq. and Charles Bennett, Esq. Arbitrators Number 3906, December 2, 2005
CHARTERPARTY: CRUISE VESSEL: WITHDRAWAL FOR NON PAYMENT OF HIRE; FORCE MAJEURE: EFFECT OF EVENTS OF SEPTEMBER 11, 2001: ECONOMIC CONSEQUENCES: REMOTENESS

Tidebrook Maritime Corporation v Vitol SA of Geneva (The "Front Commander")
English Court of Appeal: Rix, Scott Baker and Buxton, LJJ: [2006] EWCA Civ 944: 05 July 2006
VOYAGE CHARTERPARTY: ASBATANKVOY FORM AMENDED BY INCORPORATION OF VITOL VOYAGE CHARTERING TERMS: EFFECT OF AMENDMENTS: COMMENCEMENT OF LAYTIME: CONSENT TO LAYTIME COMMENCING PRIOR TO LAYDAYS: CALCULATION OF LAYTIME: CREDITING OF TIME SAVED TO LAYTIME 50/50 BETWEEN CHARTERERS/OWNERS

Stolt-Nielsen SA v. Animalfeeds International Corp.
United States of America: District Court for the Southern District of New York: District Judge: Jed S. Rakoff: No. 06 Civ. 420 (JSR): 26 June 2006
Arbitration: class arbitration: Whether class arbitration permitted where charterparty arbitration clause silent on the point: manifest disregard of the law: federal maritime law: new york state law

Barker v Corus (UK) plc and two other cases
England: House of Lords: Lords Hoffmann, Scott, Rodger and Walker and Baroness Hale: [2006] UKHL 20: 3 May 2006
MESOTHELIOMA: NEGLIGENT EXPOSURE TO ASBESTOS BY MORE THAN ONE EMPLOYER AND BY CLAIMANT HIMSELF: "INDIVISIBLE" INJURY: CLAIMANT UNABLE TO PROVE WHICH EXPOSURE CAUSED DISEASE TO DEVELOP: CONTRIBUTORY NEGLIGENCE: THE PRINCIPLE IN FAIRCHILD V. GLENHAVEN FUNERAL SERVICES LTD [2002] UKHL 22: WHETHER FULL RIGOUR OF JOINT AND SEVERAL LIABILITY SHOULD PREVAIL: WHETHER FAIRER TO ATTRIBUTE LIABILITY IN PROPORTION TO RELATIVE DEGREE OF CONTRIBUTION TO THE RISK OF DISEASE BEING CONTRACTED: ‘DIVISIBLE’ DAMAGE

Haward & Others v Fawcetts & Others
English House of Lords: Lords Nicholls, Scott, Walker, Brown and Mance: [2006] UKHL 9: 5 June 2006
PROFESSIONAL NEGLIGENCE: LIMITATION PERIOD FOR CLAIM: S.14(A) LIMITATION ACT 1980: WHAT KNOWLEDGE IN THE CLAIMANT WILL START LIMITATION PERIOD RUNNING: IS KNOWLEDGE THAT HE HAS A CLAIM REQUIRED OR DOES ENOUGH KNOWLEDGE TO INVESTIGATE THE POSSIBILITY OF A CLAIM SUFFICE?

Exfin Shipping (India) Ltd Mumbai v Tolani Shipping Co Ltd Mumbai
English Commercial Court: Langley J: [2006] EWHC (Comm): 17 May 2006
APPLICATION TO SET ASIDE ARBITRATION AWARD: ARBITRATION ACT 1996, S. 67(1): JURISDICTION OF ARBITRATOR TO HEAR CLAIM: PROPER CONSTRUCTION OF ARBITRATION CLAUSE: MEANING OF "ANY DISPUTE": WHETHER REFUSAL TO PAY A SUM ADMITTED AS DUE IS A "DISPUTE"

Edlow International Company v. BBC Chartering & Logistics GmbH & Co. KG.
United States of America: Arbitration Award: Society of Maritime Arbitrators of New York: David Martowski, as Sole Arbitrator: 6 January 2004
LINER BOOKING NOTE: CARRIAGE OF URANIUM HEXAFLOURIDE IN CYLINDERS: WHETHER DIMENSIONS MISDESCRIBED: WHETHER CARRIER ENTITLED TO ADDITIONAL FREIGHT: CLAUSE IN BILL OF LADING ALLOWING DOUBLE FREIGHT TO BE CHARGED WHERE CARGO MISDESCRIBED: ADDITIONAL FREIGHT PAID "UNDER PROTEST": WHETHER A VOLUNTARY PAYMENT: SHIP DETAINED FOR REMOVAL OF LASHING EQUIPMENT: WHETHER CARRIER ENTITLED TO DETENTION

CV Scheepvaartonderneming Flintermar -v- Sea Malta Co. Ltd
English Court of Appeal: Waller and Rix LJJ. and Sir Martin Nourse: [2005] EWCA Civ.17: 25 January 2005
SHIPPING: TIMECHARTERPARTY: BALTIME 1939 FORM, WITH AMENDMENTS: CARGO OPERATIONS: CHARTERERS’ STEVEDORES: HANDLING HATCH PONTOONS: INJURY TO FIRST OFFICER: WHETHER CHARTERERS LIABLE TO INDEMNIFY OWNERS FOR FIRST OFFICER’S CLAIM

Cetelem SA v Roust Holdings Ltd
English High Court: Beatson J.: [2004] EWHC 3175 QB: 29 December 2004
Arbitration Act 1996 s.44: assistance of Court prior to commencement of arbitration: freezing orders: mandatory injunctions

Chembulk Trading LLC v. Chemex Ltd.; Novorossiysk Company v. Chemex Ltd.
United States Court of Appeals for the Fifth Circuit: Judges King, Smith and Garza: 2004 U.S. App. LEXIS 25185 (5th Cir. 2004): 8 December 2004
Maritime: time-charter party; freights: sub-freights: contractual lien: maritime lien: Whether "freights" includes "sub-freights"

THE "SEAWAY"
Singapore Court of Appeal: Chao Hick Tin JA, Tan Lee Meng J: [2004] SGCA 57:
29 November 2004
ADMIRALTY: VESSEL DAMAGED PRIVATE WHARF: WHETHER RIGHT TO LIMIT LIABILITY: WHETHER PRIVATE WHARF IS "PROPERTY" WITHIN SECTION 136(1)(d) OF SINGAPORE MERCHANT SHIPPING ACT: WHETHER RIGHTS INFRINGED THROUGH ACT OR OMISSION OF ANY PERSON IN THE NAVIGATION OR MANAGEMENT OF THE VESSEL 

Toll (FGCT) Pty Limited v Alphapharm Pty Limited
Australia: High Court of Australia; Gleeson CJ, Gummow, Hayne, Callinan and Heydon JJ; [2004] HCA 52; 11 November 2004
Contract: Construction and interpretation: Whether road transport company’s general terms and conditions incorporated into contract: exclusion clause: contract signed but terms and conditions not read: Conclusiveness of act of signature – Principal and AGENT: Whether consignee bound by contract entered into by another : Whether agent authorised to contract on terms including exclusion clause

World Trade Corporation Ltd v C Czarnikow Sugar Ltd
English High Court, Commercial Division: Colman J.: 18 October 2004
ARBITRATION: AWARD: FAILURE TO DEAL WITH ISSUES OF FACT: WHETHER REMEDIABLE UNDER S.57 ARBITRATION ACT 1996: WHETHER A SERIOUS IRREGULARITY UNDER S. 68

Owners of Cargo lately laden on board the "LIAN SHUN" v. The Owners of the "LIAN SHUN"
Hong Kong Admiralty Court: Waung J.: 24 September 2004
Admiralty Jurisdiction: Arrest of Vessel: Section 12E(1) of the High Court Ordinance: whether barge a vessel and whether A vessel used in navigation

Blue Nile Shipping Co Ltd and others v Iguana Shipping and Financing Inc, owners of the ship "Happy Fellow" and others
English Admiralty Court: David Steel J.: 26 June 2004
ADMIRALTY: CLAIMS FROM CHARTERERS: LIMITATION OF LIABILITY: OWNERS’ RIGHT TO LIMIT IN RESPECT OF CLAIMS CONSEQUENT UPON DAMAGE TO THE VESSEL

In re Rationis Enterprises, Inc. of Panama as Owner of the MSC CARLA
United States: Federal Court for the Southern District of New York: Judge Richard Owen: 2004 U.S. Dist. LEXIS 12994: 12 July 2004
Products Liability: Negligence: Manufacturer: Seller: Defect

Pacific Carriers Limited v BNP Paribas
Australia: High Court of Australia: Gleeson CJ, Gunmow, Hayne, Callinan and Heydon JJ.: 5 August 2004 
CARRIAGE OF GOODS BY SEA: DELIVERY WITHOUT PRODUCTION OF BILLS OF LADING: LETTERS OF INDEMNITY: BANK’S SIGNATURE: WHETHER SIGNING AS VERIFICATOR: WHETHER SIGNING AS INDEMNIFYING PARTY: AUTHORITY: OSTENSIBLE AUTHORITY: REPRESENTATION BY ORGANISATIONAL STRUCTURE: ESTOPPEL: ABSENCE OF PROCEDURES TO PROTECT AGAINST UNAUTHORISED CONDUCT

El Greco (Australia) Pty Limited & Anor v. Mediterranean Shipping Co. SA
Australia: Federal Court of Australia: Black CJ, Beaumont & Allsop JJ.: 10 August 2004
CARRIAGE OF GOODS BY SEA: BILL OF LADING: CONTAINER SAID TO CONTAIN NUMBER OF PIECES POSTERS AND PRINTS: ARTICLE IV RULE 5 OF HAGUE-VISBY RULES: ENUMERATION: "AS PACKED IN SUCH ARTICLE OF TRANSPORT": WHETHER ENUMERATION EFFECTIVE WHERE NO MEANS OF PACKING INDICATED AND NUMBER OF PACKAGES NOT GIVEN

Ferro Union Inc. v. M/V Tamamonta
United States of America: Federal Court for the Southern District of New York: Judge: Victor Marrero: 7 May 2004
Damages: burden of proof: fair market value: market price: insurance recovery: Carriage of Goods by Sea Act ("COGSA")

Tasman Orient Line CV v. Alliance Group Limited and Others
New Zealand: High Court, Auckland: Williams J.: 21 August 2003
SHIPPING: LIMITATION OF LIABILITY: NEW ZEALAND MARITIME TRANSPORT ACT, 1994 ("MTA"): INTERNATIONAL CONVENTION ON THE LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976: TIMECHARTERERS’ RIGHT TO LIMIT: SUB-TIME CHARTERERS: PRECONDITIONS FOR LIMITATION DECREE: ADMISSION OF LIABILITY: ESTABLISHMENT OF LIMITATION FUND: WHETHER COURT HAD POWER UNDER MTA TO REQUIRE FUND: WHETHER INTERNATIONAL GROUP P&I CLUB LETTER OF UNDERTAKING ACCEPTABLE SECURITY

Complaint of Murmansk Shipping as Owner and Manager of the M/V Ivan Susanin, for Exoneration from or Limitation of Liability – The "Anangel Endeavour"
United States District Court, Eastern District of Lousiana, Hon. Sarah S. Vance, Docket No. 00-2354, June 18, 2001
LIMITATION OF LIABILITY: MARITIME ATTACHMENT: COLLISION: BILL OF LADING: BOTH-TO-BLAME CLAUSE: INDEMNITY: CONTINGENT CLAIMS

Moore v. MV Angela
United States Court of Appeals for the Fifth Circuit: No. 02-30441: 2003 U.S. App. LEXIS 24736;: 9 December 2003: Circuit Judges: Duhe, Garza and DeMoss with Garza concurring in part and dissenting in part
maritime: longshoreman: in rem jurisdiction: non-pecuniary damages: security: letter of undertaking

Freret Marine Supply v. Harris Trust & Savings Bank: 73 Fed. Appx. 698 (5th Cir. 2003): Circuit Judges: Garza, Dennis and Head
Effjohn Int’l Cruise Holdings, Inv. v. A&L Sales, Inc.: 346 F.3d 552 (5th Cir. 2003): Circuit Judges: Smith, Barksdale and Duplantier
Maritime lien: necessaries: advances

ICL Shipping Ltd and Steamship Mutual Underwriting Association (Bermuda) Ltd v Chin Tai Steel Enterprise Co Ltd and others
English Commercial Court: Colman J.: 10 October 2003
COLLISION: SHIP AND CARGO LOST: CARGO ARREST SISTER SHIP IN SINGAPORE: P&I CLUB SECURITY PROVIDED IN SINGAPORE: LIABILITY TO BE DETERMINED BY LONDON ARBITRATION: SUBSTANTIAL AWARD IN FAVOUR OF CARGO: MARITIME CLAIMS CONVENTION 1976: LIMITATION PROCEEDINGS COMMENCED IN ENGLAND: WHETHER CONVENTION APPLIES TO ARBITRATION PROCEEDINGS: WHETHER INJUNCTION POSSIBLE AGAINST CARGO ENFORCING SINGAPORE SECURITY

Sander v. Alexander Richardson Investments
United States Court of Appeals for the Eighth Circuit: 334 F.3d 712: Judges Hansen, Riley, and Chief Judge Beam: July 1, 2003
Admiralty: Exculpatory Clauses: Negligence: Yacht Club: Slip Agreement: Whether Exculpatory Provision In Slip Rental Agreement Enforceable

Admiral Chartering Ltd v Owners of Ship or Vessel "Rainbow Spring"
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA, Judith Prakash J:  29 July 2003
ARREST OF DEFENDANT’S VESSEL FOR ACTION IN REM BASED ON TIME CHARTERPARTY – WHETHER DEFENDANT WAS CONTRACTING OWNER UNDER TIME CHARTERPARTY SO THAT IN REM JURISDICTION AGAINST VESSEL WAS ESTABLISHED – WHETHER WARRANT OF ARREST TO BE SET ASIDE IN THE EVENT OF NON-DISCLOSURE OF MATERIAL FACTS

(1) Petroleo Brasileiro SA v. Kriti Akti Shipping Co SA ; (2) Kriti Akti Shipping Co SA v.
Petroleo Brasileiro SA (The ‘Kriti Akti’).
English Commercial Court: Moore-Bick J: [2003 EWHC 1634 (Comm)]: 9 July 2003
Time charter: Shelltime 3 form: legitimate last voyage: option to extend charter period: 
whether "period of this charter" (cl.18) includes optional extensions

Mullane v. Chambers (The "Lady B Gone")
U.S. Court of Appeals for the First Circuit: 333 F.3rd 322, 2003 U.S. App. LEXIS 13032: Cyr and Stahl, Senior Circuit Judges, Lynch, Circuit Judge: 27 June 2003
SHIP SALE: "DOCUMENTED VESSEL": DELAY IN FILING BILL OF SALE: WHETHER CREDITOR OF SELLER HAS PRECEDENCE OVER BUYER

Duferco International Steel Trading v. T. Klaveness Shipping A/S
United States Court of Appeals for the Second Circuit: Judges Feinberg, Cardamone, and Sack: 333 F.3d 383: June 24 2003
time charter: voyage charter: safe-berth warranty: indemnity Arbitration: Manifest disregard of the law: arbitration award: vacatur/set aside: vouching-in: collateral estoppel: plausible reading of the award: whether should also be ‘probable’

Evergreen International S.A. v Volkswagen Group & Others - The "Ever Glory"
Singapore High Court: Belinda Ang Saw Ean J: 27 June 2003
ANTI-SUIT INJUNCTION: IN-REM ACTION BROUGHT IN BELGIUM AGAINST SISTER SHIP OF "EVER GLORY" AFTER "EVER GLORY" OBTAINED LIMITATION DECREE IN SINGAPORE UNDER 1957 CONVENTION: WHETHER INJUNCTION AGAINST CLAIMANTS IN BELGIUM

Owners of the ship ‘Borvigilant’ v Owners of the ship ‘Romina G’
English Court of Appeal: Peter Gibson, Clarke, and Dyson LJJ.: [2003] EWCA Civ. 935: 8 July 2003
Collision;: terms of Kharg Terminal tug hire: whether the owner of a chartered tug was party to the terms: agency: actual authority: whether the tugowner exempt from liability and/or entitled to indemnity: effect of causative unseaworthiness if result of want of due diligence

Owners of Cargo on board "Jutha Rajpruek" v Steamship Mutual Underwriting Association (Bermuda)
English Court of Appeal: Lord Phillips MR, Longmore and Sedley LJJ.: 10 March 2003
ADMIRALTY: LETTER OF UNDERTAKING: MEANING OF "COMPETENT COURT: WHETHER A COURT COMPETENT TO ENTERTAIN SUBJECT MATTER OF CLAIM: WHETHER A COURT COMPETENT BY HAVING BECOME SEIZED OF PROCEEDINGS

Den Norske Bank ASA v Acemex Management Co Ltd (The Tropical Reefer) 
English Commercial Court: Deputy High Court Judge Nigel Teare QC:
[2003] EWHC 326 (Comm). 26 February 2003 
Ship mortgage: arrest of vessel to enforce
security for loan: rights of mortgagee: duty to 
act in good faith: no common law duty of care to
mortgagor: summary judgment 

Glyphics Media, Inc. v. M.V. Conti Singapore, and others
United States District Court, Southern District of New York: Hon. Naomi Reice Buchwald: Docket No. 02 Civ. 4398 (NRB): March 21, 2003.
BILL OF LADING: FORUM SELECTION CLAUSE: CARRIER: AGENCY

Admiral Chartering Ltd v Owners of Ship "Rainbow Spring"
Singapore High Court: Belinda Ang JC:, 29 October 2002
ARREST OF RAINBOW SPRING SHIPPING’S VESSEL FOR ACTION IN REM BASED ON BREACH OF TIME CHARTERPARTY – WHETHER RAINBOW SPRING SHIPPING WAS CONTRACTING OWNER UNDER TIME CHARTERPARTY SO THAT IN REM JURISDICTION AGAINST VESSEL WAS ESTABLISHED – WHETHER WRIT OF SUMMONS AND WARRANT OF ARREST TO BE SET ASIDE – WHETHER NON-DISCLOSURE OF MATERIAL FACTS

RJ Tilbury and Sons (Devon) Ltd, v. The International Oil Pollution Fund 1971 (the"Sea Empress")
Court of Appeal: Kennedy, Chadwick and Mance LJJ, 7^th February 2003
SHIPPING: OIL POLLUTION: LIABILITY: LIMITATION PROCEEDINGS: FISH PROCESSOR: ECONOMIC LOSS: GOVERNMENT FISHING BAN: LOST PROFITS: Section 157 AND SCHEDULE 4 SECTION 153(1) MERCHANT SHIPPING ACT 1995: CAUSATION: DIRECT ECONOMIC LOSS RECOVERABLE: INDIRECT ECONOMIC LOSS NOT RECOVERABLE

Loic Ludovic Margolle and another v Delta Maritime Company Limited and others
English Admiralty Court: Gross J.: 28 November 2002
COLLISION: LIMITATION OF LIABILITY: RECKLESS NAVIGATION: WHETHER OWNERS HAD RELEVANT KNOWLEDGE THAT LOSS WOULD PROBABLY RESULT

Voss Peer v APL Co PTE Limited 
Singapore High Court: Judith Prakash J. [2002] 3 SLR 176: 23 April 2002 
CARGO CONSIGNED UNDER NON-NEGOTIABLE (‘STRAIGHT’) BILL OF LADING: CARGO DELIVERED WITHOUT PRODUCTION OF BILL OF LADING: WHETHER DELIVERY OF BILL OF LADING TO CARRIER REQUIRED: STRAIGHT BILLS DISTINGUISHED FROM WAYBILLS

Daewoo Heavy Industries Limited v Klipriver Shipping Limited
English High Court, Commercial Court: Langley J.: 11 July 2002 
CARRIAGE OF CARGO ON DECK IN BREACH OF CONTRACT OF CARRIAGE: CARGO LOST OVERBOARD AND DAMAGED: HAGUE RULES: PERILS OF THE SEA: INSUFFICIENCY OF PACKING: WHETHER EXCEPTION CLAUSES UNDER ARTICLE IV RULE 2 APPLIED: WHETHER LIMITATION OF LIABILITY CLAUSE UNDER ARTICLE IV RULE 5 APPLIED

Sumitomo Corporation (Singapore) Pte Ltd v The Owners of the Ship "Alexandrea"
Singapore High Court: Belinda Ang Saw Ean, JC: [2002] 3 SLR 56: 23 April 2002
SUPPLY OF CONTAMINATED BUNKERS BY BUNKER TANKER: WHETHER ADMIRALTY JURISDICTION MAY BE INVOKED FOR A CLAIM IN NEGLIGENCE AGAINST BUNKER TANKER: WHETHER CLAIM FALLS WITHIN SECTIONS 3(1)(l) AND 4(4) HIGH COURT (ADMIRALTY JURISDICTION) ACT OF SINGAPORE

Bank One Louisiana N.A. v. M/V MR. DEAN
United States Court of Appeals for the Fifth Circuit: Judges Garwood, Wiener and Fallon: June 10, 2002.
Priority of maritime lien for breach of charter: inchoate lien: perfected lien.

COSCO Bulk Carrier Co. Ltd v. Tokio Marine & Fire Ins. Co. Ltd
New York Arbitration: Nigel J. Hawkins, James J. Warfield and Klaus C.J. Mordhorst, arbitrators: 12 April 2002 
CARRIAGE OF US YELLOW CORN: CLEAN BILLS OF LADING: DAMAGE ON OUTTURN: WHETHER PRIMA FACIE CASE AGAINST CARRIER: APPARENT ORDER AND CONDITION: INHERENT VICE: HIGH MOISTURE CONTENT: RELEVANCE OF NCB CERTIFICATE: BURDEN OF PROOF

Alegrete Shipping Co. Inc. v. International Oil Pollution Compensation Fund & R J Tilbury & Sons (Devon) Ltd
English Admiralty Court: David Steel J.: 29 May 2002
SHIPPING: OIL POLLUTION: LIABILITY: LIMITATION PROCEEDINGS: FISH PROCESSOR: ECONOMIC LOSS: GOVERNMENT FISHING BAN: LOST PROFITS: Section 157 AND SCHEDULE 4 SECTION 153(1) MERCHANT SHIPPING ACT 1995: CAUSATION: FORESEEABILITY OF DAMAGE: DEVELOPMENT OF EXCLUSIONARY PRINCIPLE: DIRECT ECONOMIC LOSS RECOVERABLE: INDIRECT ECONOMIC LOSS NOT RECOVERABLE

Tasman Orient Line CV v. Dairy Containers Ltd ( the "Tasman Discoverer")
Court of Appeal of New Zealand: Keith, Blanchard and Anderson, JJ: 17 June July 2002
CARGO DAMAGED ON SEA VOYAGE: BILL OF LADING: HAGUE RULES CONTRACTUALLY INCORPORATED INTO B/L: ART. IV RULE 5 AND ART.IX ESTABLISH PACKAGE LIMIT AS VALUE OF £100 STERLING IN GOLD AS AT 1924: B/L PROVIDES FOR PACKAGE LIMITATION OF £100 STERLING LAWFUL MONEY OF THE UK: CONSTRUCTION OF CONTRACT: HAGUE RULES APPLY, AS AMENDED BY LIMITATION CLAUSE IN B/L: PARAMOUNTCY CLAUSES ALSO SUBJECT TO CONTRACTUAL LIMITATION

Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd
Singapore High Court: S. Rajendran J: April 2002
ORAL CONTRACT OF CARRIAGE– WHETHER OBLIGATION TO MONITOR SHIPMENT AND REPORT ON ITS PROGRESS - INCORPORATION OF SINGAPORE FREIGHT FORWARDING ASSOCIATION CONDITIONS – INCORPORATION OF TERMS OF BILL OF LADING WHICH WAS ONLY ISSUED AFTER THE CONTRACT OF CARRIAGE WAS ENTERED INTO – WHETHER EXEMPTION AND LIMITATION CLAUSES IN THE SINGAPORE FREIGHT FORWARDING ASSOCIATION CONDITIONS AND THE BILL OF LADING EXCLUDED OR LIMITED LIABILITY ARISING FROM NEGLIGENCE 

Senator Lines GmbH & Co. v. Sunway Line, Inc. and Others
United States Second Circuit Court of Appeals: Sotomayor, Katzmann and Parker, Jr.: 291 F.2d 145 (2d Cir. 2002: May 17, 2002
Maritime: United States Carriage of Goods by Sea Act: COGSA: Hague Rules: Inherently Dangerous Cargo: Thiourea Dioxide: Shipper’s Liability: Strict Liability: Knowledge or Constructive Knowledge: International Uniformity: Whether Shipper Strictly Liable Under COGSA For Damage Caused By Inherently Dangerous Cargo Where Neither Shipper Nor Carrier Knew Of Dangerous Nature Of Cargo

RMS Titanic, Inc. v. Wrecked and Abandoned Vessel, R.M.S. Titanic and Others
United States Fourth Circuit Court of Appeals: Wilkins, Niemeyer and King: 286 F.3d 194 (4th Cir. 2002): April 12, 2002
Maritime: R.M.S. Titanic: Salvage: Finds: Wreck: Salvage Lien: Salvor In Possession: Exclusive Salvage Rights: Salvage Award: Whether Salvor Is Entitled To Title In Salved Property

Dr Susan Phillips v Air New Zealand Limited 
English High Court: Morison J.: March 2002  
TRAVEL BY AIR:PASSENGER INJURY IN TERMINAL AT PORT OF EMBARKATION: WARSAW CONVENTION: TIME LIMIT: In the course of any of the operations of embarking: mEANING: NON-DELEGABLE DUTIES: GROUND SERVICES: NOT OF ESSENCE OF CONTRACT: DISTINGUISHED FROM OPERATION OF AIRCRAFT: INDEPENDENT CONTRACTORS: NOT LIABLE FOR CONTRACTORS’ NEGLIGENCE 

Parsons Corporation & Others v. CV Scheepvaartonderneming – the ‘Happy Ranger’
English Court of Appeal: Aldous, Rix and Tuckey LJJ.: May 2002
SHIPPING: CONTRACT OF CARRIAGE: SPECIMEN BILL OF LADING: GENERAL PARAMOUNT CLAUSES: WHETHER CONTRACT COVERED BY A BILL OF LADING WITHIN ARTICLE I(B) OF HAGUE/HAGUE-VISBY RULES: STRAIGHT BILLS OF LADING: WHETHER BILLS STRAIGHT BILLS: APPLICATION OF HAGUE/HAGUE/VISBY RULES TO STRAIGHT BILLS: LIMITATION OF LIABILITY: ARTICLE IV RULE 5: MEANING OF ‘IN ANY EVENT’

Boulos Gad Tourism & Hotels Ltd. v Uniground Shipping Company Ltd. 
English High Court: Commercial Court: Tomlinson J: November 2001 16/11/2001
SHIPPING: ARBITRATION: TIMECHARTERPARTY: CRUISE SHIPS: HOSTILITIES: WARLIKE ACTIVITY: FORCE MAJEURE CLAUSE: FRUSTRATION: UNSAFETY: WHETHER PREVENTED PERFORMANCE: QUESTION OF FACT: ARBITRATOR’S CONCLUSION FINAL: NO ORAL HEARING: CIRCUMSTANCES WHERE ORAL HEARING ADVISABLE: ARBITRATION ACT 1996

Sweet v Royal National Lifeboat Institution
English Admiralty Court: Tomlinson J: January 2002
ADMIRALTY: PERSONAL INJURY: PSYCHIATRIC INJURY: RECOGNISED PSYCHIATRIC INJURY: LIMITATION: TWO YEAR LIMITATION PERIOD UNDER S.190 MERCHANT SHIPPING ACT 1995: DIFFERENCES FROM SIMILAR PROVISIONS IN S.8 MARITIME CONVENTIONS ACT 1911: PARLIAMENTARY INTENTIONS: DATE INJURY SUFFERED: DIAGNOSIS: APPLICATION TO STRIKE OUT: EVIDENCE CONTRADICTORY: ISSUES TO BE TRIED

King v Bristow Helicopter Limited: Morris v KLM
UK House of Lords: Lords Nicholls, Mackay, Steyn, Hope and Hobhouse: February 2002
ART.17 WARSAW CONVENTION 1929 : SCH.1 CARRIAGE BY AIR ACT 1961: INTERPRETATION: FRENCH & ENGLISH TEXT: BODILY INJURY: LIABILITY: ACCIDENTS: POST-TRAUMATIC STRESS DISORDER: MENTAL INJURY:
Case Note based on an Article in the March 2002 Edition of the ‘Bulletin’, published by the Marine and Insurance teams at the international firm of lawyers, DLA.

Globe Master Management Ltd. v. Boulos Gad Ltd. (2002)
English Court of Appeal: Pill and Longmore LJJ, Sir Martin Nourse: March 2002
SHIPPING: CONTRACT: CREW MANAGEMENT CONTRACT ON TIME BASIS: WARLIKE HOSTILITIES: FRUSTRATION: TEST OF RADICALLY DIFFERENT PERFORMANCE

PT Garuda Indonesia v Birgen Air
Singapore Court of Appeal: [2002] 1 SLR 393
WHETHER AGREEMENT TO CHANGE SEAT OF ARBITRATION: WHETHER INTERNATIONAL ARBITRATION ACT 1994 OR THE MODEL LAW APPLIES: SERVICE OUT OF JURISDICTION OF ORIGINATING PROCESS UNDER O.69A, R.4 OF THE RULES OF COURT
This case note has been supplied by Ang and Partners, the International Contributors for Singapore

Schoeller Holdings Limited v. Beneficial Owners of Hull CZ007; Fiora Shipping Co. Limited as Intervener
Hong Kong High Court: Admiralty: Waung J: November 2001
ADMIRALTY: ARREST OF SHIP: MOTION TO RELEASE SHIP FROM ARREST: MATERIAL NON-DISCLOSURE IN AFFIDAVIT IN SUPPORT OF ARREST WARRANT: ‘PERSONAL HONOUR SECURITY’ PROVIDED UNDER PRIOR ARREST: PROPERTY MORTGAGE ALSO ALLEGEDLY PROVIDED AS SECURITY: WHETHER PRIOR SECURITY ADEQUATE: TEST OF ADEQUATE SECURITY: WHETHER REAL ESTATE CAN BE ADEQUATE SECURITY: WHETHER SECOND ARREST VEXATIOUS AND OPPRESSIVE: CHANGE OF OWNERSHIP: PROCEEDINGS COMMENCED BEFORE CHANGE OF OWNERSHIP: LACK OF ADEQUATE SECURITY FROM FIRST ARREST: VESSEL MUST EARN FREEDOM FROM FUTURE ARREST: PROPER APPROACH TO PROCEEDINGS IN FOREIGN COURTS: COMITY OF NATIONS

Sonatrach Petroleum Co (BVI) v Ferrell International ltd
English High Court: Commercial Court: Colman J: October 2001
ARBITRATION: SHIPPING: BACK-TO-BACK TIME CHARTERPARTIES: ARBITRATION AND JURISDICTION CLAUSES: FLOATING PROPER LAW CLAUSE: UNCERTAINTY: FORUM SELECTION: SEPARABILITY

Heung-A Shipping Co. Ltd. v. New Rank (Holdings) Ltd, Excel World Container Line Ltd. and Best Trend Enterprises Ltd.
Hong Kong High Court: Stone J: [2001] HKEC 144: 12 February 2001
TORT: DETINUE: NON-RETURN OF CONTAINERS BY DUE DATE: BAILMENT: SUB-BAILMENT: BAILMENT ON TERMS: RESULTING LOSS: WHETHER LOSS PROVABLE

BFC Aircraft Sales and Leasing Ltd v. The AGES Group
English High Court: Morison J.: December 2001
CONFLICT OF LAWS: JURISDICTION: FORUM NON CONVENIENS: AIRCRAFT BROKERS: CONSULTANT CONTRACT: CHOICE OF ENGLISH LAW: AIRCRAFT LEASES SUBJECT TO FLORIDA LAW: INTENTION OF THE PARTIES

Elaine L. Chao, Secretary of Labor, Petitioner v. Mallard Bay Drilling, Inc.
United States Supreme Court: Judgment delivered by Stevens J.: 2002 U.S. LEXIS 403 January 2002
ACCIDENT ON DRILLING RIG IN LOUSIANA WATERS: JURISDICTION OF US COAST GUARD: UNINSPECTED VESSEL: OCCUPATIONAL SAFETY AND HEALTH ACT 1970: PRE-EMPTION OF OSH ADMINISTRATION JURISDICTION: EXERCISE OF COAST GUARD’S AUTHORITY: MEANING OF EXERCISE: MERE POSSESSION OF UNEXERCISED AUTHORITY: MINIMAL EXERCISE OF SOME AUTHORITY
Case note contributed by Healy & Baillie LLP of New York, attorney Alan M. Weigel

Michael S Evryalos Maritime Ltd v. China Pacific Insurance Co Ltd - " The Michael S" 
English Commercial Court: Colman. J: December 2001
ANTI-SUIT INJUNCTION: DAMAGE TO CARGO: BILLS OF LADING: CHARTERPARTY: WHETHER ARBITRATION CLAUSE INCORPORATED INTO BILLS OF LADING: CONFLICT BETWEEN CONGENBILL EDITIONS 1978 AND 1994: CONSTRUCTION: RECTIFICATION: EVIDENCE OF MUTUAL INTENTION IN WORDING OF BILLS: S.5(1)(A) CARRIAGE OF GOODS BY SEA ACT 1992: BILLS OF LADING ACT 1855: CONTRACT OF CARRIAGE ‘EVIDENCED BY B/L’: WHETHER CHANGE IN LAW INTENDED: LAW COMMISSION REPORT: LEDUC V WARD: POSITION OF INDORSEE: NOTICE

Kithan Ltd V A&G International Cargo Ltd
Hong Kong District Court: Carlson J.: [2001] HKEC 977: July 2001
CARRIAGE BY AIR: DELIVERY BY ROAD: SHORTAGE DISCOVERED ON DELIVERY: WHETHER DEFENDANTS UNDERTOOK TO DELIVER CONSIGNMENT AND ITS CONTENTS: NEGLIGENCE: CONSIGNMENT IN APPARENT GOOD CONDITION: CLEAN RECEIPT TO TERMINAL OPERATOR: OBLIGATION OF HAULIER: EXTENSION OF AIR WAYBILL TO LAND HAULAGE: APPLICATION OF STANDARD TRADING CONDITIONS: COURSE OF DEALING: DIFFERENCE BETWEEN EXPORT AND IMPORT CONSIGNMENTS

Australian Competition & Consumer Commission v. The Maritime Union of Australia & Others
Federal Court of Australia: Hill J.: [2001] FCA 1549: November 2001
Case Note contributed by Sharon Yeo, lawyer at Ebsworth & Ebsworth Lawyers, Melbourne.; Ebsworth and Ebsworth Lawyers are the International Contributors for Australia.
CONSUMER PROTECTION: FAIR TRADING: COERCION: INDUSTRIAL ACTION: MARITIME UNION OF AUSTRALIA POLICY: SHORE-BASED LABOUR CLEANING SHIPS: WHETHER UNION CONTRAVENED BOYCOTT, HARASSMENT & COERCION PROVISIONS OF TRADE PRACTICES ACT 1974 S60: WHETHER CONDUCT RELATED TO INTERNATIONAL TRADE: DEFINITION OF COERCION

DFS Trading Ltd. v. Swiss Air Transport Co. Ltd. and Jacky Maeder (Geneva and Hong Kong)
Hong Kong Court of First Instance: Stone J.: [2001 HKEC 589]: May 2001
CARRIAGE BY AIR: AMENDED WARSAW CONVENTION: VALUABLE CONSIGNMENT SHIPPED AS GENERAL, NOT VALUABLE, CARGO: THEFT OF CONSIGNMENT DURING CARRIAGE: WHETHER CARRIER’S LIABILITY LIMITED UNDER ARTICLE 22 AWC: WHETHER CARRIER’S LIABILITY UNLIMITED UNDER ARTICLE 25 AWC: WHETHER LOSS AROSE RECKLESSLY AND WITH KNOW LEDGE THAT LOSS WOULD PROBABLY RESULT: SUBJECTIVE TEST: BEARER STATUS OF SHIPMENT RELEASE FORM: EFFECT OF KNOWLEDGE OF BEARER STATUS: WHETHER CONTRIBUTORY NEGLIGENCE UNDER ARTICLE 21 AWC

Tug Allie-B Inc. v. United States
11^th Circuit Appeals Court: 2001 WL 1453910: 16 November 2001
Case note contributed by Healy & Baillie LLP of New York, attorney Jana N. Byron
LIMITATION: LIMITATION ACT 1851: CLAIMS UNDER PARK SYSTEM RESOURCES PROTECTION ACT (‘PSRPA’), 1990: WHETHER CLAIMS UNDER PSRPA SUBJECT TO LIMITATION ACT: CONFLICT OF STATUTES: MORE RECENT AND SPECIFIC PREVAILS

Gowen Inc. v. F/V QUALITY ONE
US Federal Court: First Circuit Court of Appeals:
244 F.3d 64: March 2001
FISHING VESSEL: SUPPLY OF NECESSARIES: FEDERAL MARITIME LIEN ACT: FISHING PERMITS: WHETHER APPURTENANCES: WHETHER SUBJECT TO MARITIME LIEN
Case note contributed by Healy & Baillie, New York, attorney Jana N. Byron

Hyundai Heavy Industries v. M/V Saibos
US Federal Court for the Northern District of Alabama: 163 F. Supp. 2d 1307, 2001 W.L. 1149040: June 20, 2001
Case note contributed by Healy & Baillie LLP, New York, Attorneys Glen Oxton and Brian P. Devine
VESSEL CONSTRUCTION CONTRACTS: MARITIME CONTRACTS: ADMIRALTY JURISDICTION: MARITIME LIENS: SHIP DELIVERED TO OWNERS: KEY EQUIPMENT STILL TO BE ADDED: SHIP A ‘PROPOSED VESSEL’ NOT AN ‘EXISTING VESSEL’: STATUS TO BE JUDGED WHEN CONTRACTS CONCLUDED, NOT WHEN CONTRACTS PERFORMED

Transfield Shipping Inc v. Sino-Add (Singapore) Pte Ltd
High Court of Singapore: Judith Prakash J: Unreported: 27 August 2001
GENCON CHARTERPARTY - MAREVA INJUNCTION – WHETHER RISK OF DISSIPATION OF ASSETS – WHETHER MATERIAL NON-DISCLOSURE – WHETHER STAY OF ACTION IN FAVOUR OF ARBITRATION – WHETHER ARBITRATION CLAUSE WAS FOR GENERAL AVERAGE ONLY
Case note prepared by Ang & Partners, International Contributors for Singapore

Louis Dreyfus Negoce SA v. Blystad Shipping & Trading Inc.
US Court of Appeals, Second Circuit: June 2001
Case Note prepared in co-operation with the New York law firm of Healy & Baillie, LLP, which represented Blystad Shipping & Trading
NEW YORK ARBITRATION CLAUSE: BROAD AND NARROW  ARBITRATION CLAUSES: APPLICATION TO COLLATERAL AGREEMENTS: COLLATERAL AGREEMENT PROVIDING FOR ENGLISH JURISDICTION: PRESUMPTION OF ARBITRABILITY UNDER BROAD CLAUSE WHERE CLAIM 'IMPLICATES' ISSUES OF CONTRACT CONSTRUCTION

PT Garuda Indonesia v. Birgen Air
High Court of Singapore: Woo Bih Li, Judicial Commissioner: Unreported: September 2001
Case Note provided by Ang & Partners, International Contributors for Singapore
SEAT OF ARBITRATION – CURIAL LAW – WHETHER INTERNATIONAL ARBITRATION ACT 1994 OR THE MODEL LAW APPLIES – SERVICE OUT OF JURISDICTION OF ORIGINATING PROCESS UNDER O.69A, R.4 OF THE RULES OF  COURT – SUBSTITUTED SERVICE INSIDE SINGAPORE

Demand Shipping Co Ltd v. Ministry of Food of Bangladesh – the ‘Lendoudis Evangelos II’
English High Court: Cresswell J: June 2001
CARRIAGE OF GOODS BY SEA: EMERGENCY FUEL OIL SHUT-OFF VALVE ACTIVATED BY UNKNOWN CREW MEMBER: GENERAL AVERAGE ACCIDENT: ACCESS TO VALVE NOT PROTECTED BY GLASS PANEL: UNSEAWORTHINESS:PURPOSE OF SHUT-OFF VALVE: UNPRECENTED INCIDENT: WEIGHING COMPARATIVE RISKS: REASONABLENESS: EFFECT ON CAUSATION HAD GLASS PANEL BEEN PRESENT

Alimport v. Soubert Shipping Co. Ltd
English High Court: Walker J: June 2000
ANTE-DATED BILLS OF LADING ISSUED BY TIMECHARTERERS’ AGENTS: NO ACTUAL OR IMPLIED AUTHORITY: SHIPPERS DEEMED UNAWARE OF ANTE-DATING: WHETHER SHIPOWNERS LIABLE TO INNOCENT THIRD PARTY HOLDERS FOR VALUE: OSTENSIBLE AUTHORITY OF AGENTS

Steelmet Pte Ltd v. APL Co. Pte Ltd
High Court of Singapore: Justice Judith Prakash: 27 November 2000: unreported
Case Note contributed by Ang & Partners, International Contributors for Singapore
BILL OF LADING: WHETHER CLAIMANT WAS "HOLDER" WITHIN THE MEANING OF THE BILLS OF LADING ACT AT TIME OF SUIT: CONVERSION: RIGHT TO SUE: RIGHT TO IMMEDIATE POSSESSION OF THE GOODS

Smit International (Deutschland) GmbH v. Josef Mobius, Bau-Gesellschaft (GmbH & Co) English High Court, Queen’s Bench Division, Commercial Court: Morrison. J: June 2001: Unreported
TOWAGE CONTRACT: BIMCO TOWHIRE CONDITIONS: DAMAGE ARISING FROM ACCIDENT INVOLVING TOW: THIRD PARTY CLAIMS: UNSEAWORTHINESS OF TUG: KNOCK FOR KNOCK AGREEMENTS: CONVENTION ON LIMITATION FOR MARINE CLAIMS: MERCHANT SHIPPING ACT 1995: APPLICATION TO KNOCK-FOR-KNOCK AGREEMENTS.

Zarkovic Stanko v. Owners of the ‘Mara’
Singapore Court of Appeal: July, September 2000: [2000] 4 SLR 156
Case Note submitted by Ang & Partners, International Contributors for Singapore
ADMIRALTY JURISDICTION: PERSONAL INJURY SUSTAINED IN COURSE OF SHIPBOARD EMPLOYMENT: CLAIM FOR COMPENSATION UNDER EMPLOYMENT CONTRACT: WHETHER THAT CLAIM WITHIN ADMIRALTY JURISDICTION OF COURT
PERSONAL INJURY: DAMAGES IN BOTH CONTRACT & TORT: CLAIM IN TORT SETTLED: WHETHER CLAIMANT STILL ENTITLED TO CONTRACTUAL CLAIM

Southampton Container Terminals Ltd. v. Schiffahrtsgesellschaft "Hansa Australia" MGH & Co. – the "Maersk Colombo":
English Court of Appeal: May 2001: as yet unreported
MEASURE OF DAMAGES FOR TORTIOUS DESTRUCTION OF CHATTELS: REPLACEMENT VALUE OR MARKET VALUE: REQUIREMENTS OF REASONABLENESS: RELEVANCE OF INTENTION TO REINSTATE.

Quantum Corporation Ltd v. Plane Trucking Ltd and Air France
English High Court Commercial Division: Tomlinson J.: April 2001: 2001 2 LLR 133
CARRIAGE BY AIR: CARRIAGE BY ROAD: APPLICABILITY OF CMR CONVENTION IN MULTI-MODAL TRANSPORT: INTERPRETATION OF AIR FRANCE CONDITIONS OF CARRIAGE

Transpacific Discovery SA v. Cargill International SA. – The Elpa
English Commercial Court: Morison J.: April 2001: Unreported
INTER-CLUB AGREEMENT: NEW YORK PRODUCE EXCHANGE FORM OF C/P: CRITERIA APPLICABLE TO Bs/L FOR INTER-CLUB AGREEMENT TO APPLY.

Borealis Ab v. Stargas Ltd. and Bergesen D.Y. A/S, the "Berge Sisar"  
English House of Lords: judgement of Lord Hobhouse: March 2001: [2001] 1 All ER (Comm)
CARRIAGE OF GOODS BY SEA ACT, 1992: DELIVERY AND DEMAND FOR DELIVERY UNDER Section 3(1)(c): EXTINCTION OF LIABILITIES ON SUBSEQUENT TRANSFER under Section 2(1).

Glencore Grain Ltd. v. Flacker Shipping Ltd. "The Happy Day"
English High Court: Langley J.: January 2001: TLR 22 Feb 2001
VOYAGE CHARTERPARTY: COMMENCEMENT OF LAYTIME: NOTICE OF READINESS REQUIRED.

Cargo on Board MV'Delos' v. Delos Shipping
English High Court: Langley J.: January 2001: [2001] 1 AER 763
VOYAGE CHARTERPARTY: ARBITRATION CLAUSE: INCORPORATION INTO BILLS OF LADING.

Kawasaki Kisen Kaisha Ltd v. Whistler International Ltd. - The 'Hill Harmony'
English House of Lords: December 2000: [2001] 1 Lloyd's Rep. 147: 
1 Where a ship is chartered on terms that require the master to prosecute voyages with the utmost despatch and to follow the orders of the charterers as to the employment of the ship, the ship is bound to obey charterers’ orders regarding the route to be followed, unless owners can show sound reasons – such as danger to the ship – for following a different course.
2 If the master does not follow orders validly given by the charterers, the owners will not be able to rely on the exception of ‘error in navigation’ set out in Article IV Rule 2(a) of the Hague Rules.

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