Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc (The
"Reborn")
English Court of Appeal: Lord Clarke MR, Rix and Carnwath LJJ: [2009] EWCA Civ
531: 10 June 2009
VOYAGE CHARTER: IMPLIED TERMS: SAFE PORT WARRANTY: CHARTER
SPECIFIED ONE LOADPORT AND ONE DISPORT: LIABILITY OF CHARTERER FOR DAMAGE TO
HULL AT UNSAFE BERTH NOMINATED IN LOADPORT
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
Ocean
Pride Maritime LP v Qingdao Ocean Shipping Co (The “Northgate”)
English Commercial Court: HHJ Richard Siberry QC: [2007] EWHC 2796 (Comm):
27 November 2007
VOYAGE CHARTER: DEMURRAGE: COMMENCEMENT OF LAYTIME: PROPER INTERPRETATION OF
CHARTERPARTY TERMS: WHETHER NOTICE OF READINESS VALIDLY TENDERED: WHETHER
TERMINAL WAIVED DEFECTIVE NOTICE ON BEHALF OF CHARTERER
Astromar Navigation Co., Ltd.,
as Owners of the M/V "Astromar" v. Hugo Neu, Corporation, as
Charterers
United States of America: Society of Maritime Arbitrators of New York:
Arbitration Award: David W. Martowski, Chairman, Klaus C.J. Mordhorst and Alexis
Nichols, Arbitrators: Award dated 17 June 2008: SMA Award # 4004
SHIPPING: CHARTERPARTY FOR CARRIAGE OF SCRAP: LUMP SUM FREIGHT: CHARTERERS’
RIGHT TO LOAD ADDITIONAL CARGO TO VESSEL’S MAXIMUM DRAFT AT DISCHARGE PORTS:
ADDITIONAL CARGO LOADED: WHETHER OWNERS ENTITLED TO ADDITIONAL FREIGHT PRO-RATA
TO ADDITIONAL CARGO: RECOVERY OF LEGAL FEES
P v. A and Another
English High Court: Queen’s Bench Division: Commercial Court: David Steel
J.: [2008] EWHC 1361 (Comm): 20 June 2008
SHIPPING: CONTRACT OF AFFREIGHTMENT PROVIDING FOR SIX VOYAGES: CHARTERERS TO
GIVE "30 DAYS’ NOTICE WITH 10 DAYS NOTICE LAYCAN SPREAD: OWNERS "TO
NOMINATE VESSEL LATEST 10 DAYS PRIOR FIRST DAY": CHARTERERS GIVE LAYCAN FOR
FIFTH VOYAGE: WHETHER CHARTERERS ENTITLED TO CHANGE LAYCAN DATES: WHETHER
CHARTERERS IN REPUDIATIORY BREACH BY INSISTING ON THEIR RIGHT TO CHANGE THE
LAYCAN DATES
Andorra Services, Inc. and Chemoil Corp, Charterer v.
Venfleet Ltd., as owner of the M/T "Eos"
United States of America: Arbitration Award: Society of Maritime Arbitrators
of New York: Jack Berg as Sole Arbitrator: Award dated 5 June 2008
SHIPPING: CLAIM FOR CARGO DAMAGE: EXCESS WATER IN FUEL OIL: WHETHER CERTIFICATE
OF QUALITY ISSUED ON LOADING ACCURATE: EFFECT OF CERTIFICATE AS BETWEEN OWNER
AND CHARTERER: DEMURRAGE: WHETHER DELAY CAUSED BY CONDITION OF CARGO ON ARRIVAL:
WHETHER DELAY CAUSED BY CHARTERER USING VESSEL FOR SHORT TERM STORAGE
Antiparos ENE v SK
Shipping
English High Court: Queen’s Bench Division: Commercial Court: Andrew Smith
J.: [2008] EWHC 1139 (Comm): 23 May 2008
ASBATANKVOY FORM OF CHARTERPARTY: WHETHER CHARTERERS ENTITLED TO RIGHT TO
RE-NOMINATE LOADING PORTS: INTERPRETATION OF WORDS "IN CONNECTION WITH ANY
CHANGE IN LOADING OR DISCHARGING PORTS" IN CLAUSE 4(C): LIABILITY FOR EXTRA
EXPENSES INCURRED THROUGH RE-NOMINATION: MEANING OF "EXTRA EXPENSE" IN
CL.4(C)
AIC Limited v Marine Pilot Limited
(The "Archimidis")
English Court of Appeal: Sir Anthony Clarke MR, Sir William Aldous and
Longmore LJ: [2008] EWCA Civ 175: 7 March 2008
VOYAGE CHARTERPARTY: SAFE PORT WARRANTY: NAMED SINGLE LOADPORT: DEADFREIGHT:
FORMAL TENDER OF FULL CARGO LOAD: SILTING IN LOADPORT: VESSEL UNABLE TO LOAD
FULL CARGO: RIGHT TO CLAIM DEADFREIGHT FOR SHORTFALL
Waterfront
Shipping Co Ltd v. Trafigura AG (2007)
English High Court: Queen’s Bench Division: Commercial Court: Mrs Justice
Gloster: [2007] EWHC 2482 (Comm): 31 October 2007
TANKER CHARTERPARTY: BEEPEEVOY FORM 3: DEMURRAGE CLAIM: PRODUCTION OF ‘ALL
SUPPORTING DOCUMENTATION: NINETY DAY TIME LIMIT: FAILURE TO PRODUCE SIGNED
PUMPING LOGS WITHIN TIME LIMIT: EFFECT OF FAILURE: CLAUSES 16 AND 23 OF
CHARTERPARTY: WHETHER CLAIM TIME-BARRED: WHETHER DE MINIMIS PRINCIPLE
APPLIED: WHETHER WHOLE CLAIM TIME-BARRED OR ONLY PART: WHETHER FUTILITY PRINCIPLE
APPLIED
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
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
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
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
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
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
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)
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
IMC Maritime Group Inc., as
Disponent Owners of the "Adventure 1" v. Russian Farm Community
Project
United States of America: Society of Maritime Arbitrators of New York: Klaus
C.J. Mordhorst, Chairman, Manfred W Arnold and George H. Hearn, Arbitrators: 14
April 2004
VOYAGE CHARTERPARTY: DEMURRAGE AT DISCHARGING PORT: ARRIVED SHIP: NOTICE OF
READINESS: "DELIVERED AT OFFICE OF THE RECEIVERS’": WEATHER WORKING
DAYS: EVIDENCE OF SHIP’S LOGS: AVAILABILITY OF RAIL CARS
Frontier International
Shipping Corporation v Swissmarine Corporation Inc
English High Court, Queen’s Bench Division, Commercial Court: Nigel Teare
QC: 11 January 2005
SHIPPING: VOYAGE CHARTERPARTY: DISCHARGING DEMURRAGE: DELAY FROM STRIKE BY
EMPLOYEES OF CONSIGNEE: STRIKES EXCEPTED FROM DEMURRAGE: WHETHER WORDS "OR
ANY OTHER CAUSES or accidents beyond the
control of the consignee" APPLIED TO STRIKES EXCEPTION
Odfjell
Seachem A/S v Continentale des Petroles et D'Investissements and Others
English High Court, Commercial Division: Nigel Teare QC: 15 December 2004
VOYAGE CHARTER: FAILURE TO PROVIDE A CARGO: REPUDIATION: CLAIMS TO BE BROUGHT
WITHIN 180 DAYS OF COMPLETION OF DISCHARGE OF CARGO: EFFECT OF CLAUSE WHERE NO
CARGO CARRIED: WHETHER DEMURRAGE EARNED PRIOR TO REPUDIATION CAN BE CLAIMED IN
ADDITION TO DAMAGES FOR REPUDIATION
Alphapoint
Shipping Ltd v. (1) Rotem Amfert Negev Ltd (2) Dead Sea Works Ltd - MV
"Agios Dimitrios"
English High Court, Commercial Division: Colman J.: [2004] EWHC 2232 (Comm):
8 October 2004
MARITIME ARBITRATION: VOYAGE CHARTERPARTY: HOLDS INSPECTION: NOTICE OF READINESS:
LAYTIME: LOADING: DEMURRAGE: HOLDS FOUND DIRTY: INTERRUPTION OF LOADING: WHETHER
TIME LOST TO COUNT: WHETHER CHARTERERS ENTITLED TO DAMAGES: ESTOPPEL
Portolana Compania
Naviera Limited v Vitol SA Inc & Another
English Court of Appeal: Ward, Clarke and Laws LJJ. : 9 July 2004
CHARTERPARTY: ASBATANKVOY FORM: LEAKS IN SEAPIPELINE: DELAY IN DISCHARGING:
WHETHER A "BREAKDOWN" ENTITLING CHARTERERS’ TO PAY ONLY 50% OF
DEMURRAGE INCURRED: SHIFTING EXPENSES TO AND FROM SEALINE BERTH: WHETHER
EXERCISE OF CHARTERERS’ RIGHT TO SHIFT BERTHS AT THEIR EXPENSE
Sea Goddess Shipholding Inc. v.
Standard Tankers Bahamas Ltd.
New York Arbitration: Society of Maritime Arbitrators:
Charles L. Trowbridge, Chairman, Manfred Arnold and Louis G. Juliano,
arbitrators: 15 October 2003
TANKER VOYAGE CHARTER: EXXONVOY 90 FORM: DEMURRAGE AT DISCHARGE PORT:
INSUFFICIENT DEPTH OF WATER IN APPROACH CANAL: WHETHER CHARTERERS IN BREACH OF
CHARTER IN ORDERING VESSEL TO LOAD TO SPECIFIC DRAFT ON ARRIVAL AT DISCHARGE
PORT: EXCEPTED CAUSE: WHETHER DELAY DUE TO EXCEPTED CAUSE
Triton Navigation
Limited v Vitol SA
English Court of Appeal: Simon Brown, Mummery and Mance LJJ: 2 December 2003
TANKER: VOYAGE CHARTER: CHARTERER’S DUTY TO SUPPLY
CARGO: WHETHER ABSOLUTE OR WITHIN A REASONABLE TIME: EXCEPTIONS CLAUSES:
EXCEPTION FOR DELAY BY REASONS OVER WHICH CHARTERER HAS NO CONTROL: MEANING OF
"JOINTLY APPOINTED" INSPECTOR
Portolana Compania Naviera
Ltd v Vitol SA Inc & Another
English Commercial Court: Tomlinson J.: 29 July 2003
VOYAGE CHARTERPARTY: DELAY AT DISCHARGE PORT: DEFECTIVE PIPELINE: LAYTIME AND
DEMURRAGE AT HALF RATE WHERE DELAY CAUSED BY ‘BREAKDOWN’: WHETHER DEFECTIVE
PIPELINE A ‘BREAKDOWN’
Giant Shipping Ltd. as Owners of m/t Posidon v. Tauber Oil Company
New York Arbitration: Society of Maritime Arbitrators: R Glenn Bauer,
Chairman, Mr Alexis Nichols and Mr Jack Berg, Arbitrators: April 8 2002
VOYAGE CHARTER: TANKER: VESSEL TO BE TENDERED WITH ALL TANKS WELL DRAINED AND
STRIPPED FREEOF ANY LIQUID AND PUMPABLE RESIDUES: PREVIOUS CARGO LOW SULPHUR
WAXY RESIDUE CRUDE OIL: UMPUMPABLE RESIDUES OF 2436 BARRELS ON TENDER: WHETHER
SHIP COMPLIED WITH CHARTERPARTY REQUIREMENTS: WHETHER RESIDUES EXCESSIVE:
CHARTERERS TAKE OVER CLEANING OPERATIONS: REQUISITE STANDARD FOR CLEANING
OPERATIONS: BREACH OF STANDARD: DAMAGES FOR DETENTION
Electrosteel Castings Limited -v- Scan-Trans Shipping and Chartering SDN BHD
English Commercial Court: Gross J.: 9 October 2002: [2002] EWHC
ARBITRATION: JURISDICTION: INCORPORATION OF TERMS: CONLINE BOOKING NOTE:
RECAP TELEX: BOOKING NOTE SIGNED ‘AS AGENTS’: RECAP TELEX REFERS TO
PRINCIPALS: ADMISSIBILITY OF PRIOR CONTRACT
International Coffee and Fertilizer Trading Co. v. Mermaid
Shipping Co. Ltd.
New York Arbitration: 2 April 2002
DISPONENT OWNERS: VOYAGE CHARTER: SHIP UNABLE TO PERFORM: SHIP
SOLD AT COURT SALE: CARGO CARRIED TO DESTINATION BY BUYERS OF SHIP: MEASURE OF
DAMAGES FOR BREACH OF CHARTER: FORESEEABILITY: RECOVERY OF LEGAL COSTS
Glencore Grain Ltd. v. Flacker Shipping Ltd. "The Happy
Day"
English Court of Appeal: Potter LJ, Lady Justice Arden, Sir
Denis Henry: 15 July 2002
VOYAGE CHARTERPARTY: COMMENCEMENT OF LAYTIME: INVALID NOTICE OF
READINESS: NO RESERVATION TAKEN: COMMENCEMENT OF DISCHARGE: WAIVER OF INVALID
NOTICE
Fondren Corporation-Panama v. Lagoven, S.A. (the "Olympic Sponsor")
New York Society of Maritime Arbitrators: Agreed Arbitration Award: Richard
H. Brown, Jack Berg and Louis P. Sheinbaum as arbitrators: November 2001
TANKER CHARTERPARTY ON ASBA II FORM: LOADING AT LA SALINA, VENEZUELA: ACCESS
THROUGH DREDGED CHANNELS: DRAFT LIMITATIONS IMPOSED: VESSEL GROUNDED IN EXIT
CHANNEL: UNSAFE PORT: WHETHER SAFETY OF PORT WARRANTED BY CHARTERERS: CHARTERERS
NOT LIABLE UNLESS THEY AT FAULT OR NEGLIGENT: DEPTH OF WATER IN CHANNEL:
NEGLIGENT NAVIGATION