|
Lansat Shipping Co Ltd v
Glencore Grain BV (The "Paragon")
English Court of Appeal: Lord Clarke MR, Goldring and Patten LJJ: [2009]
EWHC 551 (Comm): 31 July 2009
CHARTERPARTIES: LATE REDELIVERY: ILLEGITIMATE LAST VOYAGE: PENALTY CLAUSES:
GENUINE PRE-ESTIMATE OF DAMAGES
IMT Shipping and Chartering GmbH v Chansung Shipping Company Limited (The "Zenovia")
English Commercial Court: Tomlinson J: [2009] EWHC 739 (Comm): 8 April 2009
TIME CHARTERPARTIES: REDELIVERY NOTICES: WAIVER BY ELECTION: PROMISSORY ESTOPPEL:
ESTOPPEL BY CONVENTION: IMPLIED TERM: WHETHER CHARTERER ENTITLED TO REVISE
NOTICE OF ‘APPROXIMATE’ REDELIVERY DATE FOR ADDITIONAL VOYAGE APPROACHING
THE FINAL TERMINAL DATE OF THE CHARTER PERIOD
Mansel Oil Ltd and Vitol SA
v Troon Storage Tankers SA (The "Ailsa Craig") [2009] EWCA Civ 425
English Court of Appeal: Waller, Longmore and Richards LJJ: [2009] EWCA Civ
531: 20 May 2009
TIME CHARTERS: VESSEL DELIVERY: DELIVERY RANGE CLAUSE: CANCELLING DATE CLAUSE:
IMPLIED TERMS: WHETHER A CONDITION PRECEDENT TO EXERCISING OPTION TO CANCEL
CHARTER THAT CHARTERER MUST FIRST NOMINATE A PLACE OF DELIVERY WITH THE DELIVERY
RANGE
TS Lines Ltd v Delphis NV
and Delphis NV v Ulrike F Kai Freese GmbH & Co KG (The "TS
Singapore")
English Commercial Court: Burton J: [2009] EWHC B4 (Comm): 25 February 2009
TIME CHARTERPARTY: AMENDED NYPE 93 FORM: OFF-HIRE CLAUSE: CHARTERERS’ RIGHT TO
CANCEL IF VESSEL OFF-HIRE FOR 20 CONSECUTIVE DAYS: CHARTERERS ORDERED VESSEL
FROM YOKOHAMA TO SHANGHAI: VESSEL DAMAGED AND OFF-HIRE IN YOKOHAMA: VESSEL
ORDERED BY OWNERS/CLASS TO REPAIR YARD IN GUANGZHOU VIA HONG KONG TO DISCHARGE
ENTIRE CARGO: VESSEL ON "COMMON ROUTE" FOR HONG KONG AND SHANGHAI FOR
1½ DAYS: WHETHER VESSEL WAS OFF-HIRE FOR 20 CONSECUTIVE DAYS OR BACK ON HIRE
WHILE ON "COMMON ROUTE"
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
Seagate Shipping Limited v Glencore International AG and
Glencore International AG v Swissmarine Services SA (The "Silver
Constellation")
English Commercial Court: David Steel J: [2008] EWHC 1904 (Comm): 31 July 2008:
TIME CHARTERPARTIES: NYPE FORM WITH RIDER CLAUSES: COAL AND IRON ORE BULK
CARRIER: WHETHER OWNER OBLIGED TO PROVIDE AND MAINTAIN A VESSEL WITH RIGHTSHIP
APPROVAL: WHETHER OWNER OBLIGED TO PERMIT RIGHTSHIP INSPECTION AND VETTING
PROCEDURES: MEANING AND SCOPE OF TERM "EMPLOYMENT" UNDER CLAUSE 8 OF
NYPE FORM: SHIPOWNER’S IMPLIED DUTY OF CO-OPERATION WITH CHARTERER
Golden
Fleece Maritime Inc v ST Shipping & Transport Inc (The "Elli" and
The "Frixos")
English Court of Appeal: Sir Anthony Clarke MR, Longmore and Lawrence
Collins LJJ: [2008] EWCA Civ 584: 23 May 2008
TIME CHARTERPARTIES: OIL TANKERS: DOUBLE-SIDED VESSELS: EFFECT OF CHANGE IN
INTERNATIONAL REGULATIONS RESTRICTING CARGOES THAT COULD BE LAWFULLY CARRIED BY
VESSELS: MARPOL 1973/1978: SHELLTIME 4 FORM: WARRANTY: FITNESS FOR SERVICE:
PHYSICAL FITNESS: DOCUMENTARY AND LEGAL FITNESS
Transfield
Shipping Inc v Mercator Shipping Inc (The "Achilleas")
House of Lords: Lords Hoffmann, Hope, Walker, Rodger and Baroness Hale:
[2008] UKHL 48: 9 July 2008
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 RATE: CONSEQUENTIAL LOSS OF HIRE: RECOVERABILITY OF DAMAGES:
REMOTENESS OF LOSS
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
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
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 FRUSTRATED
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
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
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
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
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
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
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
Kamilla Hans-Peter Eckhoff KG v AC Oerssleff’s EFTF A/B (The
"Kamilla")
English Commercial Court: Morison J.: [2006] EWHC 509 (Comm): 15 March 2006
TIMECHARTERPARTY ON AMENDED NYPE FORM 1946, INCORPORATING INTER-CLUB AGREEMENT
("ICA"): UNSEAWORTHY VESSEL: MINOR SEAWATER WETTING OF CARGO:
REJECTION OF WHOLE CARGO BY LOCAL AUTHORITIES AT DISCHARGE PORT: WHETHER LOSS
"DUE TO UNSEAWORTHINESS" UNDER ICA: CAUSATION OF LOSS: REMOTENESS OF
LOSS
Compania Sud American Vapores v MS ER Hamburg
Schiffahrtsgesellschaft mbH & Co KG (The "ER Hamburg")
English Commercial Court: Morison J.: [2006] EWHC 483 (Comm): 14 March 2006
TIME CHARTER: AMENDED NYPE FORM: CLAUSE 8 – "CHARTERERS ARE TO LOAD, STOW
… THE CARGO … UNDER THE SUPERVISION OF THE CAPTAIN": PROPER
CONSTRUCTION: DANGEROUS CARGO STOWED NEAR HEATED BUNKER TANK: UNSEAWORTHINESS:
EXPLOSION: DAMAGE TO VESSEL AND CARGO: WHETHER OWNERS OWED CHARTERERS A DUTY TO
INTERVENE IN STOWAGE TO ENSURE SEAWORTHINESS OF SHIP: WHETHER OWNERS HAD A
DEFENCE UNDER ART. IV.2(a) OF HAGUE/HAGUE-VISBY RULES THAT CLAIM AROSE FROM
"ACT, NEGLECT OR DEFAULT … IN THE MANAGEMENT OF THE SHIP"
Golden Strait Corporation v. Nippon Yusen Kubishiki Kaisha
English Court of Appeal: Auld & Tuckey LJJ., Lord Mance: (2005]
EWCA Civ 1190: 18 October 2005
SHIPPING: Arbitration: appeal ON
question of law UNDER section 69, ARBITRATION ACT 1996: WRONGFUL termination of
LONG-TERM charterparty: QUANTIFICATION of damages: WHETHER FUTURE EVENTS
CAN BE TAKEN INTO ACCOUNT: WHETHER SUCH EVENTS MUST BE ‘INEVITABLE’ OR
MERELY PROBABLE
Transatlantic Lines, Llc., as Charterer, v. Tidewater Marine, Inc, as Owner of
the "Sly Fox"
United States of America: Society of Maritime Arbitrators of New York, Inc.:
David W. Martowski, A.J. Siciliano and Donald J. Szostak, arbitrators; Number
3834, April 16, 2004
SUPPLYTIME 89 CHARTERPARTY; SPEED AND CONSUMPTION CLAIMS;
WHETHER "ANNEX A" - GIVING DETAILS OF VESSEL DESCRIPTION -
INCORPORATED INTO CHARTER; WHETHER SPEED AND CONSUMPTION CLAIMS VALID
Miranos International Trading
Inc. v. VOC Steel Services BV
English Commercial Court: Cooke J.: [2005] EWHC 1812 Comm.: 15 July 2005
SHIPPING: TIME CHARTERPARTY: NEW YORK PRODUCE EXCHANGE FORM: GUARANTEED
DURATION: EFFECT OF EARLY REDELIVERY: BREACH OF WARRANTY: MEASURE OF DAMAGES:
WHETHER DUTY TO MITIGATE: CHARTER RATE: AVAILABLE MARKET RATE: ARBITRATION ACT
1996, S.69
Hyundai
Marine Co Ltd v Furness Withy (Australia) Pty ("The Doric Pride")
English Commercial Court: Michael Crane QC: [2005] EWHC 945 (Comm): 20 May
2005
SINGLE TRIP TIME CHARTER: CARGO TO BE LOADED AT NEW ORLEANS: VESSEL’S FIRST
CALL AT US PORT: US COAST GUARD DESIGNATE VESSEL"HIGH INTEREST":VESSEL
DETAINED AWAITING COAST GUARD INSPECTION: WHETHER VESSEL OFF-HIRE: OFF HIRE
CLAUSE: WHETHER CALLING PORT OF TRADING PROVISO APPLIED: IMPLIED INDEMNITIES:
COMPLYING WITH CHARTERERS' INSTRUCTIONS: WHETHER RISKS OF INSPECTION INHERENT IN
TRADING TO US GULF PORTS: WHETHER SUCH RISKS ACCEPTED BY OWNERS
Western
Bulk Carriers K/S v Li Hai Maritime Inc:
English Commercial Court: Jonathan Hirst QC: [2005] EWHC 735 (Comm): 5 May
2005
TIMECHARTERPARTY: NON-PAYMENT OF HIRE: WITHDRAWAL: WHETHER CHARTERERS ENTITLED
TO DEDUCT ANTICIPATED OFF-HIRE: WHETHER CHARTERERS ENTITLED TO EQUITABLE
SET-OFF: EFFECT OF RIGHT TO REPAYMENT OF OVERPAID HIRE: PREVIOUS COURSE OF
DEALINGS: WHETHER AMOUNTS TO ESTOPPEL: NOTICE OF WITHDRAWAL: WHETHER NOTICE
COMPLIED WITH ANTI-TECHNICALITY CLAUSE
Bottiglieri Di
Navigazione Spa v. Cosco Qingdao Ocean Shipping Co
English Commercial Court: Gloster J.: [2005] EWHC 244
(Comm): 4 February 2005
TIMECHARTERPARTY: OBLIGATION TO PRESENT GRAIN CLEAN HOLDS ON DELIVERY: BREACH:
RIGHT TO PLACE VESSEL OFF-HIRE: WHETHER FAILURE TO INSIST ON CLEANING AND PLACE
VESSEL OFF-HIRE WHILST CLEANING CARRIED OUT AMOUNTED TO WAIVER OF RIGHT TO PLACE
VESSEL OFF-HIRE WHEN HOLDS FOUND UNFIT FOR A SUBSEQUENT CARGO: WHETHER WAIVER
EXTENDED TO RIGHT TO CLAIM DAMAGES FOR FAILURE TO DELIVER WITH CLEAN HOLDS
Borgship
Tankers Inc v Product Transport Corporation Ltd
English High Court: Queen’s Bench Division: Commercial Court: Cresswell
J.: 28 February 2005: [2005] EWHC 273 Comm
TIME-CHARTERPARTY: SHELLTIME 4 FORM: CARGO TANKS UNSUITABLE FOR CARRIAGE OF
CONTRACTED CARGO OF GASOLINE: PREMATURE REDELIVERY OF SHIP BY AGREEMENT: WHETHER
TIME-CHARTERER’S CLAIM FOR DAMAGES FOR LOSS OF FREIGHT UNDER SUB-CHARTER A
CLAIM "ARISING OUT OF ANY LOSS OF OR DAMAGE TO OR IN CONNECTION WITH
CARGO" WITHIN CL.27(C) (ii) OF SHELLTIME 4: WHETHER TIME-BARRED UNDER ART.
III RULE 6 OF HAGUE-VISBY RULES
Action Navigation
Inc v Bottiglieri Navigation SPA
English High Court: Queen’s Bench Division: Commercial Court: Aikens J.:
16 February 2005
TIMECHARTER: NEW YORK PRODUCE EXCHANGE FORM: COMPLIANCE WITH CHARTERERS’
ORDERS AS TO EMPLOYMENT: VESSEL’S BOTTOM FOULED BY STAY IN WARM WATER PORT:
COSTS OF CLEANING HULL: WHETHER CHARTERER OBLIGED TO INDEMNIFY OWNERS FOR
CLEANING COSTS: RISKS ACCEPTED BY OWNERS: ORDINARY TRADING RISKS: FORESEEABILITY
Maersk Line
Limited, as Charterers v. U.S. Ship Management Inc. as Disponent Owner of the "Sealand
Express"
United States: Arbitration Award of the Society of Maritime Arbitrators
of New York: Jack Berg, Chairman, Robert S. Duffy and Emery W. Harper,
arbitrators: 6 February/19 July 2004
TIMECHARTER: GROUNDING: SALVAGE: REPAIRS: UNAVAILABILITY OF VESSEL: WHETHER
GROUNDING CAUSED BY CREW NEGLIGENCE: WHETHER CREW NEGLIGENCE IS AN EVENT OF
DEFAULT UNDER THE CHARTERPARTY ENTITLING CHARTERER TO TERMINATE: EXCEPTIONS
CLAUSE: WHETHER CHARTERER REQUIRED TO SHOW FAILURE TO REALISE MATERIAL BENEFITS
INTENDED TO BE CONFERRED ON CHARTERER
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
Golden Straight Corporation v Nippon Yusen Kubishika Kaisha (the "Golden
Victory")
English High Court of Justice, Queens Bench Division, Commercial Court: Langley
J.: [2005] EWHC 161 Comm:; 15 February 2005
Arbitration: appeal: question of law:
section 69 ARBITRATION ACT 1996: termination of charterparty: quantification of
damages: WHETHER FUTURE EVENTS CAN BE TAKEN INTO ACCOUNT
SA Marine Corp. S.A v.
Canfornav Limited
Society of Maritime Arbitrators of New York: Austin L. Dooley, Chairman,
A.J.Siciliano and Michael A. van Gelder, arbitrators: 17 December 2003
TIME CHARTERPARTY: DETENTION BY AUTHORITIES: WHETHER VESSEL OFF-HIRE: MEANING OF
"RESTRICTION" IN OFF-HIRE CLAUSE
Kriti Akti Shipping
Co SA v. Petroleo Brasiliero SA (The ‘KRITI AKTI’)
English Court of Appeal: Brooke and Mance LLJ, Park J .[2004] EWCA Civ 116:
20 February 2004
Time charter: amended Shelltime 3 form:
option to extend charter period: legitimate last voyage: whether "period of
this charter" (cl.18) includes optional extensions and margins of tolerance
Slebent
Shipping Company Ltd v. Associated Transport Line LLC, the "Star B"
Award of the Society of Maritime Arbitrators of New York; Messrs Manfred W
Arnold, Thomas F Fox and John F Ring, Chairman; 19 November 2003
TIMECHARTERPARTY: GROUNDING: SAFE PORT: BREACH OF WARRANTY: NEGLIGENT
NAVIGATION: WHETHER NEGLIGENT NAVIGATION THE SUPERVENING CAUSE: WHETHER
LIABILITY SHOULD BE SHARED
Precious Capitals Ltd. v.
Transworld Cargo Carriers S.A
New York Arbitration: Society of Maritime Arbitrators:
James J. Warfield, Chairman, Manfred Arnold and Jack Berg, arbitrators: 3
November 2003
TIME-CHARTER FOR TRIP: CHARTERERS
REPUDIATE: CALCULATION OF DAMAGES: WHETHER TO BE BASED ON INTENDED VOYAGE: LOSS
OF OPPORTUNITY TO TRADE VESSEL FROM ANTICIPATED REDELIVERY AREA: MITIGATION:
EMPLOYMENT UNDER CONTRACT OF AFFREIGHTMENT
Ocean Marine Navigation
Limited v Koch Carbon Inc ("The Dynamic")
English Commercial Court: Simon J: 31 July 2003
TIMECHARTERPARTY: ARREST BY CHARTERERS DURING CHARTER PERIOD: WHETHER HIRE
CONTINUED WHILST VESSEL UNDER ARREST: CHARTER CLAUSE PROVIDED THAT HIRE NOT
PAYABLE UNLESS ARREST A CONSEQUENCE OF ACT OF CHARTERERS: IMPROPER REDELIVERY:
WHETHER REPUDIATORY BREACH: WHETHER OWNERS BOUND TO ACCEPT BREACH: OWNERS’
RIGHTS TO AFFIRM THE CONTRACT
(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
Yardimci Denizcilik Ve Ltd Sti v. Solymar
New York Arbitration: A.J.Siciliano as sole arbitrator; April 23
2002
NYPE CHARTERPARTY: ALLEGED FAILURE OF SHIP TO OBEY CHARTERER’S
INSTRUCTION TO VACATE LAST DISCHARGING BERTH; DELAY IN BERTHING CHARTERER’S
NEXT SHIP: SHUT-OUT CARGO; DAMAGES: WHETHER CLAIM AROSE UNDER CHARTERPARTY:
JURISDICTION OF ARBITRATOR
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
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
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
Alpaca Shipping Corp. v. Grupo Primex S.A. de C.V
New York Arbitration: Society of Maritime Arbitrators:
TIME CHARTERPARTY: SPEED AND CONSUMPTION CLAUSE: ADJUSTMENT IN HIRE FOR OVER-
AND UNDER-PERFORMANCE: ALLOWANCE FOR THE WORD ‘ABOUT’: USUAL ALLOWANCE IN
SPEED PERFORMANCE CLAIMS: WHETHER APPLICABLE TO FUEL AND DIESEL CONSUMPTION
South African Marine Corporation v. Atlantic
Reliance Shipping Co
English Commercial Court: Toulson J: Unreported: 29 October 2001
TIME CHARTERPARTY: NEW YORK PRODUCE EXCHANGE FORM: NOTICE OF DELIVERY CLAUSE:
NOTICE OF REDELIVERY RANGES: WHETHER NOTICE OF REDELIVERY RANGE ALSO A NOTICE OF
APPROXIMATE DELIVERY DATE
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
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.
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.
Orange Maritime Pte. Ltd. v. O.N.E. Shipping Inc
Arbitration Award of the Society of Maritime Arbitrators, New
York: July 2001
TIME CHARTERPARTY: WITHDRAWAL CLAUSE: WHETHER OWNERS ENTITLED TO CLAIM
DAMAGES IN ADDITION TO WITHDRAWAL: REPUDIATORY BREACH: TIME OF THE ESSENCE AS
REGARDS PAYMENT OF CHARTER HIRE : EFFECT OF DELETED CLAUSE: MEASURE OF DAMAGES:
DAMAGES TO BE ASSESSED BY MARKET AT TIME OF BREACH
|