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  • Main Page
    .../ Archive of case notes published prior to 2010] [[List of Archive Entries|1]]'''
    1 KB (178 words) - 17:02, 19 March 2021
  • The Duden
    ...states that when an application is made by a party in accordance with s.6(1), the court must order a stay of court proceedings unless the arbitration a
    5 KB (830 words) - 15:24, 28 June 2010
  • Arbitration Issues
    Between (1) NWA (2) FSY and (1) NVF (2) RWX (3) KLB ...CONFIRMING TRIBUNAL’S JURISDICTION: CHALLENGE TO AWARD UNDER SECTION 67(1)(a) ARBITRATION ACT 1996: WHETHER NON-COMPLIANCE WITH MEDIATION PROVISION V
    29 KB (3,966 words) - 12:16, 27 February 2023
  • Cosco Bulk Carrier v Team-Up Owning
    ...mmercial law, certainty was of great importance. In The Mareva A.S. [1977] 1 Lloyd's Rep. 368 , at p. 381, Kerr J (as he then was) said of this very wor ...m the judgment of Rix J (as he then was) in The Laconian Confidence [1997] 1 Lloyd's Rep. 139 , at pp. 150 – 151:
    20 KB (3,284 words) - 21:29, 8 September 2010
  • Shipping & Transport
    ...o v Olam Global Agri Pte Ltd and Sinco Shipping Pte Ltd (The “Maria Theo 1”)''' ...eal: Males and Falk LJJ and Sir Launcelot Henderson: [2023] EWCA Civ 1007: 1 September 2023:[[https://www.onlinedmc.co.uk/index.php/MSC_Mediterranean_Sh
    114 KB (16,443 words) - 13:13, 16 April 2024
  • Admiralty
    ...nch Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009:[[http://www.onlinedmc.co.uk/index.php/ ...OUT OF AN AGREEMENT RELATING TO THE USE OR HIRE” OF A VESSEL : SECTION 3(1)(H) HIGH COURT (ADMIRALTY JURISDICTION) ACT'''
    10 KB (1,436 words) - 21:35, 16 July 2019
  • The “Asian Atlas”)
    “(2) The questions and claims referred to in subsection (1)(a) [for engaging the admiralty jurisdiction of the Court of First Instance (1) the damage must be caused by something done by those engaged in the naviga
    7 KB (1,142 words) - 22:54, 21 February 2010
  • Carriage of Goods
    ...: Peter Jackson and Males LJJ and Sir Patrick Elias: [2021] EWCA Civ 1828: 1 December 2021:[[https://www.onlinedmc.co.uk/index.php/Herculito_Maritime_v_ ...SEL SEAWORTHY BEFORE AND AT THE BEGINNING OF THE VOYAGE: ARTICLE III, RULE 1 AND ARTICLE IV, RULE 2(A) OF THE HAGUE/HAGUE-VISBY RULES'''
    29 KB (4,267 words) - 18:01, 23 February 2024
  • The “NDS Provider”
    DMC/SandT/10/1 Nile Dutch Africa Line B.V, Rotterdam, the Netherlands (“NDAL”) v. (1) Delta Lloyd Schadeverzekering N.V., Rotterdam, the Netherlands (“Delta L
    11 KB (1,916 words) - 23:40, 22 February 2010
  • Case Reference: 1 ZR 140/06
    Date of Judgement: 18 June 2009: Case Reference: 1 ZR 140/06 ...he limitation of liability of 2 SDR per kilogram according to sec.660 para.1 German Commercial Code (HGB), equivalent to Art. IV Rule 5(a) of the Hague
    6 KB (1,012 words) - 23:39, 22 February 2010
  • Insurance
    ...AUDULENT DEVICE: WHETHER DEFENCE OF FRAUDULENT DEVICE: CONTRARY TO ARTICLE 1 OF THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS EFFECTED I ...me Court: Lords Mance, Collins, Clarke, Dyson, and Saville: [2011] UKSC 5: 1 February 2011: [[https://www.onlinedmc.co.uk/index.php/Syarikat_Takaful_Mal
    8 KB (1,179 words) - 19:01, 28 April 2024
  • Lexington Insurance Company v AGF Insurance Limited
    (1) the governing law of the primary insurance contract was uncertain when the ...age to” Alcoa’s property only for the three-year period 1 July 1977 to 1 July 1980. There was no express governing law clause in the contract but i
    14 KB (2,291 words) - 14:02, 16 March 2011
  • The Catur Samudra
    ...OUT OF AN AGREEMENT RELATING TO THE USE OR HIRE” OF A VESSEL : SECTION 3(1)(H) HIGH COURT (ADMIRALTY JURISDICTION) ACT''' ...use or hire” of a vessel. The claim therefore fell outside of Section 3(1) (h) of the High Court (Admiralty Jurisdiction) Act and did not give rise t
    10 KB (1,672 words) - 18:38, 10 March 2010
  • Other Cases
    ...eal: Males and Falk LJJ and Sir Launcelot Henderson: [2023] EWCA Civ 1007: 1 September 2023:[[https://www.onlinedmc.co.uk/index.php/MSC_Mediterranean_Sh ...ON OF INTERNATIONAL GROUP OF P&I CLUBS’ APPROVED SANCTIONS CLAUSE TO ASG 1 LOU WORDING RENDERED IT UNSATISFACTORY: WHETHER A PARTY IS OBLIGED TO ACCEP
    41 KB (5,793 words) - 11:32, 2 March 2024
  • The Blue Bridge
    ...Kong SAR Court of First Instance: Reyes J in Chambers: HCAJ No. 136/1999: 1 February 2010''' (1) Had WOE been duly authorised to act in these proceedings on Great Power’
    10 KB (1,753 words) - 19:55, 10 March 2010
  • Masefield v Amlin
    ...INE INSURANCE ACT 1906: WHETHER CARGO A CONSTRUCTIVE TOTAL LOSS UNDER s.60(1): PIRACY: POSSESSION: WHETHER PAYMENT OF RANSOM CONTRARY TO PUBLIC POLICY ' ...of the Marine Insurance Act 1906 nor a constructive total loss under s.60 (1) of the Act. The Court further held that the payment of a ransom to the pir
    11 KB (1,762 words) - 23:39, 22 March 2010
  • The Kallang
    ...(Commercial Court): Jonathan Hirst, Q.C.: [2008] EWHC 2761 (Comm); [2009] 1 Lloyd's Rep. 124: 19 November 2008''' ...ng Shipping Co SA (“the Owners”), to Brobulk Ltd on an NYPE form dated 1 February 2005 for a trip from Montevideo to Dakar. The charterparty contain
    14 KB (2,344 words) - 21:49, 29 March 2010
  • Voyage C/P Disputes
    ...FOR DELAYED CARGO DISCHARGE: WHETHER CARGO INTERESTS UNDER AN OBLIGATION (1) TO TAKE ALL NECESSARY STEPS TO ENABLE THE CARGO TO BE DISCHARGED AND DELIV '''English Commercial Court: Males J: [2015] EWHC 2505 (Comm): 1 September 2015: [[http://www.onlinedmc.co.uk/index.php/Louis_Dreyfus_Commod
    24 KB (3,416 words) - 22:19, 2 January 2024
  • The Duden 2008 EWHC 2762 Comm
    ...(Commercial Court): Jonathan Hirst, Q.C.: [2008] EWHC 2762 (Comm); [2009] 1 Lloyd's Rep. 145: 19 November 2008''' ...and Comptoir Commercial Mandiaye Ndiaya (The “Kallang (No 2)”), [2009] 1 Lloyd's Rep 124, which was delivered simultaneously by the same judge. The
    15 KB (2,526 words) - 22:34, 19 April 2010
  • The Dolphin 1
    ...ted in bales/bags by lorry from Teheran to Bandar Abbas over a distance of 1,100 kilometres.
    10 KB (1,666 words) - 22:16, 20 April 2010
  • Sylvia Shipping v. Progress Bulk Carriers
    ...section 19 of SOLAS, recording “Main Structure wasted in cargo holds Nos 1, 3 and 4”. Repairs were commenced on 22 April 2004. ...xendale (1854) 9 Ex 341 and Czarnikow v Koufos (The “Heron II”) [1969] 1 AC 350 summarising the accepted test for remoteness as being “whether the
    12 KB (1,951 words) - 21:30, 21 April 2010
  • Time C/P Disputes
    ...o v Olam Global Agri Pte Ltd and Sinco Shipping Pte Ltd (The “Maria Theo 1”)''' ...R ELIGIBILITY CLAUSE (“OMEC”) BY WHICH VESSEL GUARANTEED AT ALL TIMES (1) TO HAVE A VALID SHIP INSPECTION REPORT (“SIRE”) PROGRAMME REPORT REGIS
    37 KB (5,214 words) - 13:17, 16 April 2024
  • The "Tasman Pioneer"
    ...e speed of some 16 knots. The ship left Yokohama, Japan, in the evening of 1 May 2001, bound for Pusan in South Korea, intending to sail west along Japa ...was discovered in the forward ballast tanks and in the forward cargo holds 1 and 2. On the orders of the master, the ship’s pumps were activated. Howe
    13 KB (2,224 words) - 14:34, 12 May 2010
  • List of Archive Entries
    [http://archive.onlinedmc.co.uk/'michael_s'1.htm 'michael s'1] [http://archive.onlinedmc.co.uk/agapitos_v__agnew(1).htm agapitos v agnew(1)]
    55 KB (9,143 words) - 18:42, 12 May 2010
  • The Arbitrators v. Knowsley SK
    (1) Under Dutch law, an arbitral tribunal is only obliged to inform the Partie
    9 KB (1,494 words) - 15:11, 28 June 2010
  • Glory Wealth Shipping v North China Shipping
    The Court, following The Elena d’Amico [1980] 1 Lloyd’s Rep 75, held that damages for wrongful redelivery of the vessel s ...n order to bring that into account in calculating damages: The Fani [1994] 1 Lloyd’s Rep 633. Therefore, the disponent shipowner’s early redelivery
    5 KB (761 words) - 20:51, 6 September 2010
  • Ioannis N K
    ...erred that a claimant must first meet the requirements of the Anton Piller(1) order or that an application under section 5(5)(a)(iv) should be equated w (1) An Anton Piller order is a court order that provides the right to search
    8 KB (1,343 words) - 15:30, 3 August 2010
  • Hua Tian Long
    ...y owned by the Central People’s Government (CPG) of the PRC, which after 1 July 1997 exercised sovereign power over the Special Administrative Region
    10 KB (1,714 words) - 17:53, 7 December 2010
  • Shipping & Transport 2011
    '''Great Eastern Shipping Co Ltd v. (1) Far East Chartering Ltd (2) Binani Cement Ltd''' ...nch Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009:[[http://www.onlinedmc.co.uk/index.php/
    14 KB (1,981 words) - 18:03, 22 June 2012
  • Omak Maritime v Mamola Challenger Shipping
    '''The Court held that reliance damages(1) should rationally be explained as a species of expectation damages(2), an ...or breach of contract” enunciated by Parke B in Robinson v Harman (1848) 1 Exch 850 was that the innocent party to a breach of contract is to be place
    8 KB (1,273 words) - 21:38, 29 August 2010
  • ENE 1 Kos Limited v Petrobras
    '''ENE 1 Kos Limited v Petroleo Brasileiro SA''' ...e charterparty on the Shelltime 3 form between the claimant shipowner, ENE 1 Kos Ltd (“the Shipowner”), and the defendant charterer, Petroleo Brasil
    10 KB (1,744 words) - 13:32, 9 October 2017
  • Zodiac Maritime v Fortescue Metals
    ...t would not be able to honour their freight commitments under the CVC from 1 December 2008. ...or “sufficiently closely connected with the breach” (The Fanis [1994] 1 Lloyd’s Rep 633). Therefore, Zodiac’s earnings under the Guofeng charte
    10 KB (1,593 words) - 22:34, 4 November 2010
  • Habas Sinai v Sometal
    (1) A and B make a contract in which they incorporate standard terms; ...ms under various headings and then agreed with the same counterparty terms 1-5 under the same headings as before and, as to the rest, that all the terms
    11 KB (1,826 words) - 18:42, 7 December 2010
  • Parakou Shipping v Jinhui Shipping
    ...277; departing from Megarry VC’s test in Gleeson v J Wippell & Co [1977] 1 WLR 510). ...e Company of Canada and others v Lincoln National Life Insurance Co [2005] 1 Lloyd’s Rep 606, paras. 63-69. Although Sun Life concerned whether a stra
    12 KB (1,969 words) - 22:02, 19 December 2010
  • Angara Maritime v Oceanconnect UK
    '''SALE OF GOODS: BUNKERS/MARINE FUELS: S.25(1) OF THE SALE OF GOODS ACT 1979: SALE OF BUNKERS TO TIME CHARTERERS: BUNKERS '''Conversion: the effect of s.25(1) of the Sale of Goods Act 1979 was to exclude a claim by bunker suppliers a
    11 KB (1,744 words) - 19:52, 7 December 2010
  • Guangzhou Dockyards v ENE Aegiali I
    22.1 The Contract shall be governed by and construed in accordance with English ...ration in London, England before a tribunal of three (3) arbitrators. One (1) arbitrator shall be appointed by each Party to this Contract and the third
    10 KB (1,718 words) - 21:43, 19 December 2010
  • Stellar Shipping v Hudson Shipping Lines
    To determine this required consideration of (1) whether a contract of guarantee was agreed between Stellar and Hudson, and Footnote 1:
    8 KB (1,294 words) - 12:24, 20 December 2010
  • Germany CMR Damages
    ...arriage of Goods by Road (‘CMR’): date of Judgment: 30 September 2010: 1 ZR 39/09''' ...nt domestic law or of claiming the market price according to Art. 23 para. 1 and 2 CMR. In the latter case, the limitation of 8.33 SDR/kg according to A
    6 KB (1,076 words) - 00:13, 25 January 2011
  • Engedi
    6. —(1) Notwithstanding Article 8 of the Model Law, where any party to an arbitr ...court to which an application has been made in accordance with subsection (1) shall make an order, upon such terms or conditions as it may think fit, st
    9 KB (1,456 words) - 18:41, 24 January 2011
  • Asia Star
    1. The Court of Appeal set out the basic rules relating to mitigation, namely ...s of US$10,137,500.00, and Pacific’s expected profit of approximately US$1,553,800.00.
    14 KB (2,247 words) - 21:26, 19 February 2011
  • Front Row Investments v Daimler South East Asia
    ...a disputed issue constitutes a breach of natural justice under section 48(1)(a)(vii) of the Singapore Arbitration Act, necessitating the setting-aside 1. As preliminary points, the Court considered the following questions:-
    7 KB (1,051 words) - 23:54, 19 February 2011
  • KG Bominflot v Petroplus Marketing
    ...articularly the certificate final clause, and could not survive section 14(1) of the Sale of Goods Act 1979, which limited the implication of terms abou 1. Various specifications had to be met by the gasoil at the time of shipment
    11 KB (1,788 words) - 11:24, 21 June 2011
  • National Navigation v Endesa
    ...Appeal: Waller, Carnwath and Moore-Bick LJJ: [2009] EWCA Civ 1397, [2010] 1 Lloyd’s Rep 193: 17 December 2009''' ...HETHER SPANISH COURT JUDGMENT FELL WITHIN ARBITRATION EXCEPTION IN ARTICLE 1(2)(D) OF EC REGULATION 44/2001: WHETHER RECOGNITION SHOULD BE REFUSED IN EN
    9 KB (1,376 words) - 21:46, 2 March 2011
  • Röhlig (UK) v Rock Unique
    ...had been, that the invoices were not due and owing under clause 21(A) (fn.1). Rock also claimed the right to set off the claim against a counterclaim i 1. Clause 21(A) reads: “The Customer shall pay to the Company in cash, or a
    9 KB (1,511 words) - 22:44, 2 March 2011
  • Glencore Energy v Transworld Oil
    1. there is no physical cargo against which to offset the futures position as ...pplying the approach in Kaines v Osterreichishe Warrenhandelsgesellschaft (1), it was plain on the evidence that, having accepted Transworld’s breach
    15 KB (2,498 words) - 16:20, 8 March 2011
  • Dalwood Marine v Nordana Line
    ...Concordia C” [1985] 2 Lloyd’s Rep 55, 58 and the “Noel Bay” [1989] 1 Lloyd’s Rep 361, 363 showed that departure from this prima facie measure
    8 KB (1,339 words) - 18:25, 8 March 2011
  • Brink's Global Services v Igrox
    ...the opposition. Similarly, in Mattis v Pollock [2003] EWCA Civ 887; [2003] 1 WLR 2158 a doorman, having been in a fight with several patrons of the nigh
    11 KB (1,753 words) - 23:21, 9 March 2011
  • Kookmin Bank v Rainy SA
    ...l: Thorpe and Patten LJJ and Sir Simon Tuckey: [2010] EWCA Civ 582, [2010] 1 CLC 829: 27 May 2010''' '''High Court Judgment [2009] EWHC 2624 (Comm), [2010] 1 All ER (Comm) 823'''
    10 KB (1,552 words) - 13:47, 21 March 2011
  • Thomas Crema v Cenkos Securities
    ...AG of Belize v. Belize Telecom, [2009] 1 WLR 1988 (PC) (“Belize”) (fn.1) and The REBORN, [2009] 2 Lloyds Rep 639 (CA), expressly approving their ap (1) A court cannot improve the instrument it has to construe to make it fairer
    7 KB (1,092 words) - 22:59, 15 March 2011
  • Masefield AG v Amlin
    ...TRIEVABLY DEPRIVED OF CARGO: WHETHER CARGO AN ACTUAL TOTAL LOSS UNDER s.57(1) MARINE INSURANCE ACT 1906: WHETHER PAYMENT OF RANSOM CONTRARY TO PUBLIC PO ...id not result in the cargo becoming an actual total loss in terms of s.57 (1) of the Marine Insurance Act 1906. The Court further confirmed that the pay
    11 KB (1,923 words) - 19:52, 21 July 2011
  • Wasa Insurance v Lexington Insurance
    .... The policy term was three years beginning on 1 July 1977 and ending on 1 July 1980. ...as original”. The policy period was expressed to be “36 months at date 1.7.77 ... and/or pro rata to expiry of original”. The sum insured was US$2
    10 KB (1,671 words) - 13:59, 16 March 2011
  • Melinda Holdings v Hellenic Mutual
    ...ment, or knowingly exceeding its powers” (citing The “Anita”, [1971] 1 WLR 882 (CA) at 889). Such cases fall outside ordinary judicial process bec ...proximate cause of the loss (citing State of Netherlands v. Youell, [1998] 1 Lloyds Rep 236 (CA) at 238). The same principle was extended to contractual
    7 KB (1,147 words) - 18:15, 21 March 2011
  • Choil Trading v Sahara Energy Resources
    ...t delivery of the naphtha and make a payment of the purchase price less US$1,200,000 on the basis that this should be without prejudice to the legal pos ...ce with the terms of the contract price formula - average Platt’s during 1-31 October 2007 minus US$31.50).
    16 KB (2,693 words) - 10:00, 5 May 2011
  • Dallah Real Estate v Government of Pakistan
    Lord Collins was clear that for the purposes of Article V(a)(fn.1), the “law of the seat” included only the substantive law and not the c Fn. 1. Recognition and enforcement of the award may be refused, at the request of
    12 KB (1,894 words) - 20:23, 10 May 2011
  • Shell Egypt v Dana Gas
    Clause 3.1.8 of the FIA provided that if Closing did not occur within 9 months, Shell ...ssion. In such case, even if Shell terminated the FIA pursuant to Clause 3.1.8, Centurion would nevertheless have to refund payments made by Shell.
    9 KB (1,361 words) - 22:26, 11 May 2011
  • DSV Road v Sneltransport Heidenend
    ...e 17 CMR. The fact that the trailer is also a vehicle, as meant in article 1, par 2 CMR, and that, in consequence, it can also be considered to be the v ...In particular, the judgment makes clear that a vehicle as meant in article 1, par. 2 CMR can in fact also be considered as goods in the terms of article
    6 KB (996 words) - 22:34, 13 May 2011
  • West Tankers v Allianz
    ...ave to West Tankers to enforce an arbitration award pursuant to section 66(1) of the Arbitration Act 1996 (the “Act”). The award made by the tribun ...it was given leave to enforce the arbitration award pursuant to section 66(1) of the Act and judgment was entered against the insurers pursuant to secti
    7 KB (1,214 words) - 22:30, 7 February 2012
  • Telus Communications v Peracomo Inc and Réal Vallée
    ...shipowner is responsible are eligible to limit in accordance with article 1 of the 1976 Limitation Convention. That limitation extends to an action in ...dants amounted to ‘wilful misconduct’ within the meaning of s.53(2)(fn.1) of the Marine Insurance Act of Canada and accordingly disentitled them fr
    9 KB (1,452 words) - 17:32, 14 July 2013
  • Jones v Kaney
    ...which has itself been abolished in Arthur JS Hall & Co. v. Simons, [2002] 1 AC 615 with little negative impact, if any at all. The majority considered Kaney’s arguments based on (1) a purported chilling effect on potential expert witnesses, and (2) the dan
    7 KB (1,106 words) - 22:03, 20 May 2011
  • Syarikat Takaful Malaysia v Global Process
    ...me Court: Lords Mance, Collins, Clarke, Dyson, and Saville: [2011] UKSC 5: 1 February 2011''' ...ERILS OF SEA OR INHERENT VICE: s.55(2)(c) MARINE INSURANCE ACT 1906 : s.55(1) MARINE INSURANCE ACT 1906'''
    10 KB (1,609 words) - 14:40, 22 May 2011
  • The Ocean Crown
    ...nch Division (Admiralty Court): Gross J: [2009] EWHC 3040 (Admlty), [2010] 1 Lloyd’s Rep 468: 26 November 2009'''
    8 KB (1,289 words) - 20:53, 19 June 2011
  • B v S
    ...ction, under the ‘new law’, being s.44 of the Arbitration Act 1996 (fn.1) (‘the 1996 Act’). Practically all previous case law was concerned with ...Carapelli [1980] 1 Lloyd’s Rep. 375 and Toepfer v Societe Cargill [1998] 1 Lloyd’s Rep. 379. However, as stated above, the Judge in this case was co
    11 KB (1,854 words) - 18:24, 21 June 2011
  • Pianura Armatori v Ferrari Shipping
    ...essels, which were not owned by Pianura, was wrongful. Pianura cited Art.3(1) of the International Convention Relating to the Arrest of Sea-Going Ships Ferrari contended that Art.3(1) of the Convention did not require a connection between the vessel and the
    5 KB (909 words) - 20:11, 21 June 2011
  • Gao Haiyan v Keeneye Holdings
    ...ground: see Hebei Import & Export Corp v Polytek Engineering Co Ltd [1999] 1 HKLRD 665 (Hong Kong Court of Final Appeal). Public policy in Xian might be
    9 KB (1,485 words) - 16:39, 13 December 2011
  • Shipping & Transport 2010
    '''SALE OF GOODS: BUNKERS/MARINE FUELS: S.25(1) OF THE SALE OF GOODS ACT 1979: SALE OF BUNKERS TO TIME CHARTERERS: BUNKERS '''ENE 1 Kos Limited v Petroleo Brasileiro SA'''[[http://www.onlinedmc.co.uk/index.p
    15 KB (2,134 words) - 18:03, 22 June 2012
  • Great Eastern Shipping v Far East Chartering
    '''Great Eastern Shipping Co Ltd v. (1) Far East Chartering Ltd (2) Binani Cement Ltd''' 1. No letter of indemnity was issued by Binani to FEC, but only by Binani to
    8 KB (1,302 words) - 17:30, 21 July 2011
  • Carboex v Louis Dreyfus Commodities
    ...Amsterdam NV v President of India (The Amstelmolen) [1961] 2 Lloyd's Rep. 1 – a case involving the Centrocon Strike Clause - that a "whether in bert ...v. Rank (No.2) [1908] Com. Cas. 295 and Reardon Smith Line v. MAFF [1962] 1 QB 42 and that of Scrutton J. in London and Northern Steamship Co Ltd v. Ce
    5 KB (747 words) - 12:43, 8 November 2017
  • AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC
    ...5(1)(b) but argued that leave was rightfully granted by virtue of CPR 62.5(1)(c). Rix LJ agreed – even if there were contrary authority (there was non ...2(2)). Second, where the party submitted to Kazak jurisdiction (Section 32(1)(b)-(c)).
    12 KB (1,893 words) - 20:50, 6 September 2011
  • Democratic Republic of Congo v FG Hemisphere Associates
    (1) Whether the DRC enjoyed state immunity before the Hong Kong courts; and In relation to Issue (1), the DRC, the CR Companies, and the Secretary for Justice (who joined in t
    14 KB (2,256 words) - 11:41, 8 September 2011
  • Sovarex v Romero Alvarez
    ...under Section 66 of the Arbitration Act 1996 (“AA 1996”) (see footnote 1). The Defendant sought the dismissal or a stay of the Claimant’s applicat 1. Arbitration Act 1996
    8 KB (1,186 words) - 21:28, 7 September 2011
  • Suek v Glencore International
    ...ption should be read restrictively and that, applying The "Kyzikos" [1987] 1 Lloyd’s Rep 48, the words “whether in berth or not” in the 7.13 Excep
    6 KB (953 words) - 20:33, 3 October 2011
  • Birnam v The "Hong Ming"
    “(1) The Admiralty jurisdiction of the Court of First Instance shall consist of “(2) The questions and claims referred to in subsection (1)(a) are
    6 KB (928 words) - 17:05, 7 October 2011
  • Glory Wealth Shipping v Korea Line Corporation
    ...ng a substitute vessel for the same period: see The Elena D’Amico [1980] 1 Lloyd’s Rep 75. This was justified as ‘deemed mitigation’, or on the As held in The Griparion [1994] 1 Lloyd’s Rep 533, when the Elena D’Amico method of assessing damages cou
    8 KB (1,375 words) - 21:33, 16 October 2011
  • NSCSA v BP Oil Supply
    ...(same as the clause considered by the Court of Appeal in The Oltenia [1982]1 Lloyd's Rep 448) required claims for demurrage to be presented in writing w ...s under the Vitol Interim Port Clause and clause 5 of the charter - see fn.1 -) claiming for the time and bunkers consumed for the second berthing at Fr
    8 KB (1,270 words) - 22:32, 19 November 2011
  • The Sahand
    1. The Defendants who were the owners of the three vessels arrested in Singap
    6 KB (965 words) - 22:59, 19 November 2011
  • TTMI v Statoil
    ...the UK Supreme Court in Dallah Real Estate v Government of Pakistan [2011] 1 AC 763, it was entitled to re-hear the case rather than to review the arbit ...ed orally before 17 October. As held in Shogun Finance Ltd v Hudson [2004] 1 AC 919, the identity of the parties to a contract could only be ascertained
    9 KB (1,512 words) - 19:26, 6 December 2011
  • Rainy Sky v Kookmin Bank
    Simon J, sitting in the Commercial Court [2009] EWHC 2624 (Comm), [2010] 1 All ER (Comm) 823, held that the Bank was liable. The Bank’s interpretati
    11 KB (1,836 words) - 12:39, 15 December 2011
  • Furtrans v Augusta, the Constanza M
    1) The words “a person other than the registered owner of a ship” in the ...e, interest and costs. Furtrans alleged a maritime claim as set out in Art.1.l of the Arrest Convention, namely a claim arising out of the construction
    8 KB (1,391 words) - 19:01, 10 January 2012
  • Astrazeneca UK v Albemarle International
    ...rdinary contract law (citing The Kapitan Petko Voivoda [2003] 2 Lloyds Rep 1). For these reasons, Flaux J concluded that there was no presumption agains
    8 KB (1,317 words) - 12:36, 8 January 2012
  • Emeraldian Limited v Wellmix Shipping, the Vine
    ...ture recap dated 3 December 2007, for a voyage from “1 or 2 safe berths, 1 safe port Itaguai, Brazil, always afloat” to China, with a cargo of 120,0 By clause 4.1 of the SCALE terms, Charterers were given about two and a half laydays, whi
    14 KB (2,364 words) - 09:23, 27 March 2012
  • Pacific Basin v Bulkhandling Handymax, the Triton Lark
    (1) The tribunal had misunderstood the correct application of the CONWARTIME c ...the true construction and implementation of the CONWARTIME 1993 clause (fn.1) incorporated into Disponent Owners’ NYPE form time charterparty with Cha
    22 KB (3,734 words) - 21:44, 7 February 2012
  • Thai Maparn Trading v Louis Dreyfus Commodities
    (1) Where an FOB sale contract expressly required Buyers to give a vessel nomi ...ned FOB Bangkok/Kohsichang rice sale contracts based on GAFTA Form 120 (fn.1). Both awards upheld the first tier awards that Sellers (Claimant) repudiat
    10 KB (1,624 words) - 16:40, 8 January 2012
  • African Fertilisers v BD Shipsnavo, the Christian D
    ...urt that had been granted under section 66 of the Arbitration Act 1996 (fn.1) to enforce an arbitration award and to enter judgment against them in the (1) Enforcement of a purely declaratory arbitration award under section 66 was
    10 KB (1,595 words) - 17:30, 8 January 2012
  • The Oriental Baltic
    ...intiff to continue his action against a company under liquidation: namely (1) whether the plaintiff could assert against all the world that the vessel b
    3 KB (437 words) - 19:26, 31 January 2012
  • Hyundai Merchant Marine v Trafigura - the Gas Energy
    ...count in assessing speed and performance across the charter period - Issue 1. Issue 1 All weathers
    15 KB (2,375 words) - 22:22, 20 August 2012
  • Geofizika v MMB International - The Green Island
    ...Thomas LJ, and Sir Nicholas Wall; [2010] EWCA Civ 459, [2010] 2 Lloyds Rep 1; 28 April 2010'''
    9 KB (1,461 words) - 21:42, 5 April 2012
  • Acergy Shipping v Société Bretonne de Réparation Navale
    Article 1 provided that “Works” meant all work performed by Sobrena pursuant to t “10.1 [Sobrena]… shall indemnify and hold harmless [Acergy’s] Group… from a
    10 KB (1,551 words) - 19:44, 9 April 2012
  • Osmium Shipping v Cargill International - The Captain Stefanos
    (1) Hire is payable continuously unless Charterers can bring themselves within ...se is a useful illustration of a suggestion made in The “Saldanha” (fn.1). In that case the judge held that a vessel is not off-hire pursuant to th
    9 KB (1,502 words) - 20:50, 16 April 2012
  • Sarawak Shell v South Sumatra Richfield Marine - The Red Gold
    ...”. The discharge of cargo at “D35-QA” by the snatch lift method (fn.1), used at the other platforms, commenced at 4.20 pm. At 4.25 pm “Red Gol Footnote 1: The snatch lift method allowed “Red Gold” to remain adrift while trans
    12 KB (1,933 words) - 17:57, 26 April 2012
  • A O Smith Electrical Products v Blue Anchor Line & Ors
    '''Hong Kong Court of First Instance: Reyes J: [2012] 1 HKLRD 301: 18 November 2011''' Clause 7(1) provided that, “[e]xcept as provided for in cl.7(2),” the Waybills wer
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  • Isabella Shipowner v Shagang Shipping The Aquafaith
    ...on the leading House of Lords authority of White and Carter v McGregor (fn.1), with consideration of the later decisions of the lower courts in light of Footnote 1: [1962] AC 413.
    12 KB (1,861 words) - 10:55, 10 November 2017
  • Sideridraulic Systems v BBC Chartering & Logistics
    ...the Rules nevertheless applied to the carriage because of section 1(6) and 1(7) of the Carriage of Goods by Sea Act 1971 (“COGSA 1971”); and Sections 1(6) and 1(7) of COGSA 1971 provide:
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  • M H Progress Lines v Orient Shipping - The Genius Star 1
    ...ress Lines SA v Orient Shipping Rotterdam BV and other, The “Genius Star 1”''' ...een’s Court (Commercial Court): Teare J: [2011] EWHC 3083 (Comm), [2012] 1 Lloyd’s Rep 222: 28 November 2011'''
    8 KB (1,309 words) - 15:28, 10 May 2012
  • The Decurion
    Section 12A(2)(1) of the High Court Ordinance (Cap.4, Laws of Hong Kong) (the equivalent of
    6 KB (1,000 words) - 23:05, 21 June 2012
  • Petroleo Brasiliero v ENE Kos 1
    '''Petroleo Brasileiro SA v ENE Kos 1 Ltd''' ...ton QC, instructed by Ince & Co LLP, for the Appellant shipowners, ENE Kos 1 Ltd
    11 KB (1,850 words) - 13:34, 9 October 2017
  • Toakas Navigation v Komrowski Bulk Shipping: Kent Line v Solym Carriers - The Paiwan Wisdom
    In doing so, Solym relied upon The Product Star (No.2), [1993] 1 Lloyds Rep 397 (CA), which established that Owners could not reject a voyag Fn.1 War Risks Clause for Time Charters, 2004 (Code Name: CONWARTIME 2004)
    7 KB (1,130 words) - 21:53, 11 November 2012
  • 1. Jebsens International (Australia) v Interfert Australia: 2. Norden A/S v Beach Building & Civil Group
    '''1.Jebsens International (Australia) Pty Ltd and Anor v Interfert Australia Pt Section 11(1) of COGSA is a mandatory choice of law clause, by which all parties when en
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  • The Bunga Melati 5
    1. The Plaintiffs, Equatorial Marine Fuel Management Services Pte Ltd (“Equ ...tember 2008, under which the Plaintiffs agreed to supply, on a spot basis, 1,000 mt of bunkers to the Defendants’ vessel MT “Navig8 Faith”.
    11 KB (1,876 words) - 18:49, 25 November 2012
  • Carboex SA v Louis Dreyfus Commodities
    ...Reardon Smith Line Ltd v Ministry of Agriculture Fisheries and Food [1962] 1 QB 42). The closer the vessel was to the head of the queue when the strike
    10 KB (1,592 words) - 22:37, 2 December 2012
  • Daimler South East Asia v Front Row Investments (Singapore)
    ...les, excluded the right of appeal to the Singapore Courts under Section 49(1) of the Arbitration Act. ...a Singapore Court on the exclusion of the right of appeal under Section 49(1) of the Arbitration Act.
    7 KB (1,175 words) - 15:32, 30 November 2012
  • E D and F Man v Unicargo Transport
    ...rovided that the Vessel “shall… sail and proceed to 1-2 safe berth(s), 1 safe port (intention Santos) but not south of Paranagua.” ...under the charterparty and whether the fact that loading thereunder at “1-2 safe berths” was lawfully relevant to the operation of Clause 28 of the
    10 KB (1,636 words) - 22:31, 31 December 2012
  • Und Adryatik
    ...CMR (see fn.2) The defendants argued that, according to Art. 2 CMR (see fn.1), their liability was to be governed by Turkish maritime law and the Hague ...s established in English case law (Thermo Engineers v. Ferrymasters [1981] 1 Lloyd’s Rep 200) and in Dutch law (Decision of the HogeRaad dated 29 June
    6 KB (1,133 words) - 23:06, 17 February 2013
  • Chantiers de L'Atlantique v Gaztransport & Technigaz
    ...delay and the strength of the application (see Kalmneft v Glencore [2002] 1 Lloyd’s Rep 128). Although CAT had not issued its application immediately ...OYJ [2010] 1 Lloyd’s Rep 141; Elektrim SA v Vivendi Universal SA [2007] 1 Lloyd’s Rep 693.
    14 KB (2,307 words) - 10:38, 18 February 2013
  • Wuhan Ocean v Hansa Murcia
    1. Whether the Sellers had an obligation to extend the Refund Guarantee befor ...he contract its intended meaning: AG of Belize v Belize Telecom Ltd [2009] 1 WLR 1988, The Reborn [2009] 2 Lloyd’s Rep 639. Where parties imposed a un
    9 KB (1,567 words) - 22:29, 9 March 2013
  • Dry Bulk Handling & CSAV v Fayette International & Metinvest - The Bulk Chile
    (1) Head Owners, as contractual carriers under the bills of lading, were ent ...ive a pre-existing, undischarged, contractual liability to pay freight (fn.1).
    12 KB (1,931 words) - 12:45, 9 May 2013
  • Astro Nusantara International & Others v PT Ayunda Prima Mitra & Others
    1. The Plaintiffs, companies in the Astro group, and the Defendants, companie 12.1. The Plaintiffs’ appeal against the decision of the High Court to set asi
    11 KB (1,784 words) - 16:56, 9 May 2013
  • Maldives Airports v GMR Male International
    1. The Appellants and a consortium entered into a Concession Agreement, under 1. In deciding whether to uphold the grant of the Injunction, the Singapore C
    14 KB (2,108 words) - 15:34, 14 May 2013
  • CMR Art.29 and Contributory Negligence
    The unlimited liability of the carrier according to Art. 29 CMR(fn.1) is reduced in cases of contributory negligence on the part of the sender. Fn.1 Art.29
    5 KB (900 words) - 16:04, 18 May 2013
  • The Decurion on Appeal
    ...Relating to the Arrest of Sea-going Ships 1952: see The Evpo Agnic [1988] 1 WLR 1090. ...ch was the charterer of the ship. In The “Guiseppe di Vittorio” [1998] 1 Lloyd’s Rep 136, Evans LJ noted that the phrase “charterer of, or in po
    7 KB (1,229 words) - 15:59, 21 May 2013
  • Kuwait Rocks Co v AMN Bulkcarriers The Astra
    (1) Clause 5, the hire payment provision, which required “punctual and regul (1) The wording of clause 5 makes clear that there is a right to withdraw when
    8 KB (1,331 words) - 23:12, 10 October 2016
  • Kulemesin Yuriy v HKSAR - The Neftegaz67
    ...in the Pilot Book “Admiralty Sailing Directions: China Sea Pilot, Volume 1” as a buoyed channel. It was delineated by six buoys which conformed to a ...e to all vessels while they were within the waters of Hong Kong under s.10(1) of the SPCO. Section 10(3) imposed criminal liability for breach of COLREG
    12 KB (2,037 words) - 21:57, 29 June 2013
  • Dana Petroleum Netherlands v Vos Sympathy - The Vos Sympathy
    1) A contract does not only have the legal consequences agreed between the pa 1) The Himalaya clause contained in the Supplytime 2005 is valid under Dutch
    13 KB (2,095 words) - 21:18, 25 August 2013
  • Dalmare v Union Maritime - The Union Power
    ...as she was at the time of inspection, fair wear and tear excepted”. [fn.1] ...therein to an incident in October 2002 which referred to damage to the no.1 crankpin of the main engine.
    9 KB (1,517 words) - 13:27, 8 September 2013
  • Wuhan Guoyu Logistics v Emporiki Bank
    ...building Contract dated 29th November 2006… for the construction of one (1) 57,000 Metric Tons Deadweight OEC known as Hull No. GY404, we, Emporiki Ba ...he court is not in that position. There were also the positive factors [fn.1] in favour of the document being an on-demand guarantee and, granted these
    11 KB (1,836 words) - 05:17, 14 September 2013
  • Minerva Navigation v Oceana Shipping - The Athena
    (1) Whether Clause 15 was engaged (c) The “Ira” [1995] 1 Lloyds Rep 103 emphasised that in relation to Clause 15 of NYPE 46, the...
    7 KB (1,181 words) - 22:12, 28 September 2013
  • Dampskibsselskabet Norden A/S v Gladstone Civil Pty Ltd
    ...td [2012] FCA 696 (noted at DMC/SandT/12/22) in which his Honour had held (1) that a voyage charterparty was a “sea carriage document” for the purpo ...allowed an appeal from the judgment of Foster J, the majority concluding (1) that a voyage charterparty was not a “sea carriage document” for the p
    18 KB (3,020 words) - 21:36, 5 October 2013
  • Greatship (India) Limited v Oceanografia SA de CV - The Greatship Driti
    “10(e) Payments – [1] Payments of Hire, bunker invoices and disbursements for Charterers’ acco
    7 KB (1,193 words) - 10:57, 29 September 2013
  • NYK Bulkship (Atlantic) v Cargill International - The Global Santosh
    '''English High Court; Field J; [2013] EWHC 30 (Comm); 1 February 2013'''
    6 KB (946 words) - 12:13, 29 September 2013
  • MRI Trading v Erdenet Mining Corporation
    The Court of Appeal, affirming the judgment at first instance [fn.1], held that the Sellers (EMC) had an enforceable obligation to deliver copp ...nts to agree”. On appeal by MRI to the Commercial Court, Eder J held [fn.1] that the language of the Settlement Agreement and the 2010 Contract (inclu
    13 KB (2,145 words) - 19:08, 8 October 2013
  • Grand Pacific Holdings v Pacific China Holdings
    '''Grand Pacific Holdings Ltd and Pacific China Holdings Ltd (in liq) (No 1)''' ...of Appeal: Tang VP, Kwan and Fok JJA: CACV No.136 of 2011, [2012] 4 HKLRD 1: 9 May 2012'''
    8 KB (1,389 words) - 12:37, 10 October 2013
  • Versloot Dredging v HDI Gerling Industrie Versicherung
    ...insured the Vessel under a time policy (the “Policy”) for 12 months at 1 April 2009. On 28 January 2010 the Vessel was off the coast of Poland, shor ...y their having employed a fraudulent device in pursuit of the claim” [fn.1]. It was this last issue which caused the Plaintiff shipowners to forfeit t
    10 KB (1,684 words) - 18:44, 11 October 2013
  • Fortress Valley Recovery Fund v Blue Skye Special Opportunities Fund
    ...CLAUSE: THIRD PARTIES: CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999, SS 8(1) & 8(2)''' ...elivered a clear and concise statement on the difference between Section 8(1) and 8(2) of the Act: see [42-45].)
    9 KB (1,414 words) - 15:25, 13 October 2013
  • Minerva Navigation v Oceana Shipping - the Athena
    Tomlinson LJ, after considering the authorities [fn.1], held that Clause 15 “is concerned to identify an actual period of real 1. Hogarth v Miller [1891] AC 48; Vogemann v Zanzibar Steamship Co Ltd (1902)
    7 KB (1,101 words) - 23:49, 27 January 2014
  • AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-KamenogorsK Hydropower Plant JSC
    ...ttee Report of February 1996 and its reaction to the West Tankers case (fn.1). ...ction in the case at hand could be sought under CDR PD 6B 3.1(2), CPR 62.5(1)(b) and (c), and possibly CPR PD 6B(6)(c).
    3 KB (444 words) - 15:33, 22 January 2014
  • The Turtle Bay
    1. The main issue in the case, as defined by the court, was under what princi 7.1. The Sheriff is commissioned by the Court to appraise and sell the vessel.
    15 KB (2,512 words) - 18:36, 22 January 2014
  • Sea-Cargo Skips AS v State Bank of India
    ...a statement that the delay which had occurred was as set out in article IV 1(e) of the shipbuilding contract. The demand did not contain such a statemen ...nd for cancellation by the Buyer in the event of late delivery. Article IV 1(b)-(e) provided that:
    9 KB (1,467 words) - 19:36, 11 February 2014
  • Maintek Computer (Suzhou) v Blue Anchor Line
    ...y of the Defendant was limited pursuant to Clause 18.3 to US$24,392 (about 1.9% of the amount claimed!).
    9 KB (1,441 words) - 11:35, 12 February 2014
  • Bulk Ship Union v Clipper Bulk Shipping - The Pearl C
    ...s. The Charterers withheld hire for alleged underperformance, contending: (1) that the vessel had failed to proceed with the utmost dispatch in breach o ...ague Rules: the Tribunal had correctly referred to The Hill Harmony [2001] 1 Lloyd's Rep 147 and had identified the dichotomy between a breach of clause
    8 KB (1,248 words) - 12:08, 14 February 2014
  • Flame SA v Glory Wealth Shipping
    ...ompensatory principle. The House of Lords in The “Golden Victory” (fn.1) ascribed the compensatory principle to be the fundamental principle govern ...The importance ascribed to that principle in The “Golden Victory” (fn.1) was a powerful argument for applying that principle in the present case.
    6 KB (986 words) - 12:06, 13 May 2014
  • Beijing Jianlong Heavy Industry Group v Golden Ocean Group
    '''English Commercial Court: HHJ Mackie QC: [2013] EWHC 1063 (Comm): 1 May 2013''' ...of the principle of the Court of Appeal judgment in Foster v Driscoll (fn.1), as approved by the House of Lords in Regazzoni v KC Sethia (fn.2). That
    7 KB (1,085 words) - 13:25, 13 May 2014
  • Martrade Shipping and Transport v United Entreprises - The Wisdom C
    The starting point in Popplewell J’s judgment was section 12(1) of the 1998 Act, which provides as follows. ...rned by English law apart from the choice of law (section 12(1)(b))” [FN 1].
    13 KB (2,051 words) - 13:43, 15 August 2014
  • Yuzhny Zavod Metall Profil v Emms Beheerder - the M/V Eems Solar
    ...sue considered by the Court of Appeal in The Coral [1993] 1 Lloyd’s Rep. 1), clause 5 expressly provided by the words “free of any risk, liability a ...was effective notwithstanding the incorporation of Article III Rule 8 (fn 1) of the Hague Rules into the contract of carriage.
    7 KB (1,202 words) - 14:51, 17 August 2014
  • British American Tobacco & Ors v Exel Europe
    ...CARRIERS: WHETHER CLAIMANT THAT HAS ESTABLISHED JURISDICTION UNDER ART.31.1 AGAINST ONE CARRIER CAN RELY ON THAT JURISDICTION TO JOIN SUCCESSIVE CARRIE ...gly, the Claimant does not need to establish jurisdiction under Article 31.1 separately against each of the carriers against which it wishes to bring th
    15 KB (2,383 words) - 09:33, 26 August 2014
  • Cottonex Anstalt v Patriot Spinning Mills
    The ICA’s Bylaws and Rules are set out in four sections. Sections 1, 3 and 4 contain the Bylaws whilst Section 2 contains the substantive rules ...so commented on the oft-quoted maxim in Rainy Sky SA v Kookmin Bank [2011] 1 WLR 2900 that, where a contractual term is open to more than one interpreta
    13 KB (2,110 words) - 10:02, 26 August 2014
  • Falkonera Shipping v Arcadia Energy - The Falkonera
    ...”) on or about 18 November 2010, to carry crude oil from the Yemen to “1-2 ports far east”. The charterparty contained a clause (“the STS lighte “8.1 Charterers shall have the option of transferring the whole or part of the c
    9 KB (1,432 words) - 13:06, 10 September 2014
  • Caresse Navigation v Office National de l'Electricité - the Channel Ranger
    ...yable as per CHARTERPARTY dated…” appear while, on the reverse, clause 1 of the conditions of carriage provides that: ...ion to incorporate a charterparty arbitration clause (see The Delos [2001] 1 Lloyd’s Rep. 703).
    11 KB (1,689 words) - 17:14, 6 November 2014
  • Emirates Trading v Prime Mineral Exports
    '''English High Court: Teare J.: [2014] EWHC 2104 (Comm): 1 July 2014''' ...discussions – which must import an obligation to do so in good faith (fn.1) - had an identifiable standard, namely fair, honest and genuine discussion
    8 KB (1,221 words) - 11:57, 27 September 2014
  • Proton Energy Group v Orlen Lietuva
    ...into existence on 14 June 2012 and that it suffered a loss of at least US$1,363,255.59 as a result of Orlen’s breach of contract. Orlen argued that t ...ourt in RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co [2010] 1 WLR 753 that in deciding whether there was a binding contract between the p
    10 KB (1,612 words) - 15:50, 28 September 2014
  • Geden Operations v Dry Bulk Handy Holdings - the Bulk Uruguay
    1. Did Owners by their words or conduct evince an intention not to perform, Issue 1
    8 KB (1,265 words) - 09:46, 3 October 2014
  • Fulton Shipping v Globalia Business Travel - The New Flamenco
    (1) In order for a benefit to be taken into account in reducing the loss reco Footnote 1: [1980] 1 Lloyd’s Rep 75.
    10 KB (1,687 words) - 10:13, 26 July 2017
  • Great Elephant Corp v Trafigura Beheer - The Crudesky
    ...re, Tomlin and Underhill LJJ: [2013] EWCA Civ 1547, [2014] 1 Lloyd’s Rep 1: 25 July 2013''' In April 2009, China Offshore sold about 1 million barrels of Akpo condensate crude oil to Vitol Asia who then sold on
    13 KB (2,087 words) - 03:05, 21 October 2014
  • Viscous Global Investment v Palladium Navigation - The Quest
    ...el “QUEST” pursuant to four bills of lading variously dated 24 August, 1 September and 2 September 2011. Footnote 1: Morris v Baron & Co [1917] AC 1 and British & Beningtons Ltd v North Western Cachar Tea Co Ltd [1923] AC 48
    7 KB (1,178 words) - 04:41, 24 October 2014
  • Out of the Box v Wanin Industries
    ...ent of OOTB’s obligation under the contract was to purchase a minimum of 1,200 cartons of 18 at a price of SGD10.30 per carton. This would have genera ...s [1949] 2 KB 528, and the House of Lords decision in The Achilleas [2009] 1 AC 61, the Court of Appeal set out the analytical framework for deciding qu
    11 KB (1,765 words) - 00:24, 3 November 2014
  • NYK Bulkship (Atlantic) v Cargill International - The Global Santosh - Court of Appeal
    (1) Clause 49 contained no such limitation. Further since “agent” in Claus
    6 KB (931 words) - 16:41, 19 January 2015
  • E D & F Man v Unicargo Transportgesellschaft GmbH The Ladytramp
    ...r Charterparty 1999 form to load a cargo of sugar from “1-2 safe berths, 1 safe port” within a specified geographical range. Clause 28 listed except
    4 KB (615 words) - 15:39, 23 March 2015
  • Antwerp Diamond Bank-v-Brink's Inc
    Articles II.1 and II.5 of the Agreement provided that: “1. The Borrower agrees that the said Facilities together with interest… and
    5 KB (833 words) - 16:57, 24 March 2015
  • The Alas renamed The Kombos
    ...as then referred to arbitration in London pursuant to the Charterparty. On 1 March 2013, a final award in the sums of US$9,238,221.30 by way of damages ...ction, s.12A(2) of the High Court Ordinance (Cap.4, Laws of Hong Kong) (fn.1) (c.f. s.20 of the Senior Courts Act 1981) was not apt to cover a claim ar
    6 KB (1,039 words) - 14:09, 26 March 2015
  • Hua Tyan Development v Zurich Insurance Co
    ...MV Ho Feng No.7” (the Vessel) and the amount sought to be insured was US$1,500,000. ...January 2008. The insured interest was stated to be the logs valued at US$1,555,209 and the Deadweight Warranty was typed out in the policy.
    8 KB (1,329 words) - 16:02, 30 March 2015
  • Standard Chartered Bank v Dorchester LNG (2) - The Erin Schulte
    ...very of the bill, of any indorsement of the bill” in section 5(2)(b) (fn.1) of the Carriage of Goods by Sea Act 1992 (“the Act”). The principal i Fn.1: Section 5(2) of the Act provides as follows:
    16 KB (2,754 words) - 21:34, 31 March 2015
  • Spar Shipping v Grand China Logistics
    (1) The balance due under the charters prior to termination, quantified at som ...FOB contract (the term considered in Bunge Corp v. Tradax Export SA [1981] 1 WLR 711 and relied on by Flaux J in The Astra).
    13 KB (2,268 words) - 23:24, 11 March 2017
  • Versloot Dredging v HDI Gerling Industrie Versicherung - The D C Merwestone
    ...AUDULENT DEVICE: WHETHER DEFENCE OF FRAUDULENT DEVICE: CONTRARY TO ARTICLE 1 OF THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS EFFECTED I ...consequence of the application of the doctrine was not contrary to Article 1 of the European Convention on Human Rights as enacted into English law.
    13 KB (2,132 words) - 11:07, 28 May 2015
  • PST Energy 7 Shipping & Product Shipping and Trading v OW Bunker Malta & ING Bank the Res Cognitans
    ...bunkers for the “Res Cognitans” from Sellers, OW Bunker Malta Ltd (fn.1) , on 60 days’ credit and subject to the OW Bunker Group’s 2013 standar 1. The contract did not fulfil either of the requirements of s.49 of the Act
    11 KB (1,820 words) - 21:13, 29 May 2016
  • Shagang South-East Asia Trading v Daewoo Logistics
    To resolve the first issue, Hamblen J took into account three matters: 1) the wording of Clause 23; 2) the commercial background, and 3) the relev ...ruing Clause 23 was to treat it as a dispute resolution clause addressing: 1) where and how disputes were to be determined; and 2) the law governing det
    5 KB (874 words) - 22:00, 8 November 2016
  • Coal and Oil Co v GHCL
    ...tual premise was the Tribunal’s purported failure to comply with rule 27.1 of the SIAC Rules 2007 (the “Failure to Close Proceedings”). ...lose Proceedings was a breach of rule 27.1 of the SIAC Rules 2007. Rule 27.1 provided as follows.
    16 KB (2,732 words) - 15:48, 22 July 2015
  • Metall Market v Vitorio Shipping - the Lehmann Timber
    ...during a voyage from Changsu in China to St Petersburg in Russia included 1,089 steel coils (the “Cargo”) under four separate bills of lading, of w (1) Whether the Owner had waived its lien for cargo’s general average contri
    9 KB (1,617 words) - 17:57, 30 July 2015
  • Maestro Bulk v Cosco Bulk Carrier - The Great Creation
    ...May 2010. Charterers were to give “20/15/10/7 days approximate and 5/3/2/1 days definite notice” of redelivery. ...y, purported approximate 15/10/7 notices were given. On 16 April 2010, 3/2/1 definite notices were given and redelivery of the Vessel was tendered on 19
    6 KB (948 words) - 21:35, 1 August 2015
  • Glencore Energy UK v Cirrus Oil Services
    ...(Commercial Court): Cooke J: [2014] EWHC 87 (Comm), [2014] 2 Lloyd’s Rep 1: 24 January 2014''' ...R SALE OF GOODS ACT 1979, SECTIONS 50(2) AND (3) NOT EXCLUDED BY CLAUSE 32.1 OF BP 2007 GENERAL TERMS AND CONDITIONS FOR CFR SALES'''
    11 KB (1,831 words) - 15:01, 5 August 2015
  • Precious Shipping & Ors v OW Bunker Far East & Ors
    '''Interpleader relief (Fn.1) could not be granted to parties (principally ship charterers) that had pur (1) By reason of the retention of title clauses in the contracts between OW an
    11 KB (1,681 words) - 17:08, 16 August 2015
  • The Kingdom of The Netherlands v Owners of Yacht Qubio
    1. He who commits an unlawful act that can be attributed to him against anoth
    7 KB (1,207 words) - 13:08, 20 August 2015
  • Bunge SA v Nidera BV
    ...r, Mance, Clarke, Sumption and Toulson: [2015] UKSC 43, [2015] Bus LR 987: 1 July 2015''' ...30 August 2010. The contract incorporated GAFTA Form 49 (as in effect from 1 January 2006).
    12 KB (1,997 words) - 18:35, 9 October 2015
  • Arnold v Britton
    ...dred for every subsequent year [or part] thereof”. By a majority of 4 to 1 (with Lord Carnwath dissenting), the Supreme Court held that on a proper in By a majority of 4 to 1 (Lord Carnwath dissenting), the Supreme Court dismissed the appeal by the T
    10 KB (1,664 words) - 11:50, 12 October 2015
  • Equatorial Marine Fuel Management Services v MISC Bhd - The Bunga Melati 5
    (1) MAL had actual authority to act for MISC; 1. Actual authority
    8 KB (1,223 words) - 21:02, 22 October 2015
  • SDTM-CI and others v Continental Lines amd another - the Sea Miror
    1. wet and mouldy bags; ...ged at the expense and risk of Receivers/Charterers at the average rate of 1,500 metric tons per weather working day ……Stowage shall be under Master
    6 KB (1,017 words) - 19:41, 26 October 2015
  • PST Energy 7 Shipping v OW Bunker Malta & ING Bank - the RES COGITANS
    (1) The clause allowing Owners to use the bunkers for propulsion from the mome
    4 KB (614 words) - 21:21, 29 May 2016
  • Louis Dreyfus Commodities Suisse v MT Maritime Management - The MTM Hong Kong
    '''English Commercial Court: Males J: [2015] EWHC 2505 (Comm): 1 September 2015''' ...berths within a range of load ports in South America, to one safe berth at 1-4 safe ports in the Gibraltar-Rotterdam range. The vessel's previous emplo
    13 KB (2,121 words) - 16:23, 25 March 2016
  • Fulton Shipping v Globalia Business Travel -the New Flamenco - Court of Appeal Decision
    Footnote 1: [1980] 1 Lloyd’s Rep 75.
    12 KB (2,074 words) - 10:03, 26 July 2017
  • SBT Bulk & Tankers v Cosmotrade - The Wehr Trave
    Footnote 1: ...t in Charterers' option Mumbai/Colombo range or in Charterers' option one (1) safe port East Coast India range, not north but including Chennai Colombo/
    9 KB (1,429 words) - 11:43, 6 April 2016
  • Crescendo Maritime & Alpha Bank v Bank of Communications & Ors
    ...ons. This was (presumably) intended to avoid questions of locus standi (fn.1) following the assignment of the Buyer’s rights under the refund guarante (1) Alpha was not an assignee of the refund guarantees and arbitration agreeme
    9 KB (1,407 words) - 06:54, 21 May 2016
  • PST Energy 7 Shipping v OW Bunker Malta - The Res Cogitans
    ...Owners relied on FG Wilson v John Holt (the “Caterpillar” case – fn.1. Due to precedent it was not open to Sellers to contest this point in the C Briefly, s.49(1) of the Sale of Goods Act 1979 provides that the seller of goods may bring
    7 KB (1,186 words) - 21:31, 29 May 2016
  • NYK Bulkship (Atlantic) v Cargill International - the Global Santosh Supreme Court Decision
    1. Charterers were responsible for the performance of cargo operations (but h 1. The breakdown of IBG’s unloader led to port congestion, delaying the com
    9 KB (1,361 words) - 20:34, 27 July 2016
  • Versloot Dredging v HDI Gerling Industrie Versicherung - the DC Merwestone
    ...shonestly embellished information were said (by Mance LJ in The Aegeon, fn.1) also to be unrecoverable, if “directly related to and intended to promot 1. An insurer is liable once an insured loss occurs, not when a claim is made
    7 KB (1,155 words) - 22:24, 27 September 2016
  • FSL-9 Pte & Nordic Tankers Trading v Norwegian Hull Club - The FSL New York
    1. The term "liberty to apply", in the English jurisdiction, is normally to b
    10 KB (1,750 words) - 21:20, 13 November 2016
  • ST Shipping & Tranport Inc v Kriti Filoxenia Shipping Co - The Kriti Filoxenia
    ...laycan provision. It stated that the laytime period would start at 6am on 1 April 2003 (“Commencement Date”) and end at 4pm on 3 April 2003 (“Can ...e ETAs were given, the Charterers re-nominated Batumi as the load port. On 1 April, the master confirmed 03.00hrs 4 April as the ETA for Batumi and the
    8 KB (1,290 words) - 19:16, 30 January 2017
  • Volcafe & Ors v Compania Sud Americana de Vapores - CSAV
    (1) Burden of proof in cargo claims governed by the Hague Rules ...otherwise normal cargo. As stated in the case of Soya GmbH v White [1983] 1 Lloyd's Rep. 122,
    11 KB (1,895 words) - 12:39, 22 April 2020
  • MSC Mediterranean Shipping Company v Cottonex Anstalt
    1. Was demurrage payable? ...course of analysis Moore-Bick LJ discussed Geys v Societe Generale, [2013] 1 AC 523 (SC), where a wrongfully dismissed employee could not insist on cont
    8 KB (1,232 words) - 12:10, 17 March 2017
  • Oldendorff GmbH v Sea Powerful II Special Maritime Enterprises The Zagora
    ...court was invited and agreed to give a judgment on the merits as between: 1) the owners and Oldendorff; 2) Oldendorff Carriers and SCIT Services; and 3
    8 KB (1,400 words) - 21:19, 6 May 2017
  • Bahamas Oil Refining Company v Cape Bari Tankschiffahrts - The Cape Bari
    “1. … In all circumstances the Master of any vessel shall remain sol ...e Court of Appeal was wrong to reverse the decision of the judge because: (1) on the true interpretation of the 1989 Act and the 1976 Convention it was
    15 KB (2,414 words) - 19:32, 13 May 2017
  • Gard Marine & Energy v China National Chartering - The Ocean Victory
    (1) Was there a breach of the safe port undertaking? More specifically, was t ...ility for Gard’s losses pursuant to section 185 and Schedule 7 article 2(1) of the Merchant Shipping Act 1995?
    22 KB (3,633 words) - 11:04, 16 May 2017
  • The Posidon
    1. While there appeared to be no Singapore cases directly on point, the Court 3.1. The mortgagee had knowledge that the mortgagor was insolvent.
    11 KB (1,699 words) - 21:48, 4 September 2017
  • De Wolf Maritime Safety v Traffic-Tech International - The Zagora
    ...xcluded from being “goods” only if both of the two conditions are met: 1) the bill of lading on its face states that the goods are carried on deck a
    5 KB (862 words) - 22:20, 21 September 2017
  • DSA Consultancy (FZC) v The Eurohope
    1. The issue to be determined was whether it was an abuse of process to comme 3.1. In that case, an action was commenced in Piraeus by the Plaintiffs, Avin,
    8 KB (1,300 words) - 11:23, 9 October 2017
  • Navalmare UK v Kale Maden Hammaddeler Sanayi ve Ticart - The Arundel Castle
    Footnote 1: [1974] A.C 479, per Lord Reid at p.535
    7 KB (1,113 words) - 19:48, 29 October 2017
  • Glencore International v MSC Mediterranean Shipping Company
    1. MSC’s provision of the pin codes was symbolic delivery of the goods, aki ...key is used the goods will be present. Here, when the code was used, only 1 of the 3 containers was present.
    9 KB (1,595 words) - 22:08, 2 November 2017
  • CSSA Chartering and Shipping Services v Mitsui O.S.K. Lines - The Pacific Voyager
    ...he loading port nor any date of expected readiness to load, the Monroe (fn.1) obligation (being an absolute obligation to commence the approach voyage t (1) The owners and the charterers under a voyage charter have conflicting int
    11 KB (1,776 words) - 21:56, 21 June 2019
  • Kyokuyo v AP Møller-Maersk - trading as Maersk Line
    (1) whether liability was limited pursuant to Article IV, rule 5 of the Hague Section 1(4) of the Carriage of Goods by Sea Act 1971 (the Hague-Visby Rules) provide
    10 KB (1,690 words) - 10:44, 15 April 2018
  • Glencore Energy v OMV Supply and Trading - The Seagrace
    ...lowed for discharge, 36 hours. Running hours were dealt with in clause 13.1, which provided, in part: “13.2.1 Running hours shall commence Berth or no Berth 6 hours after NOR is tendere
    13 KB (2,026 words) - 15:20, 19 May 2018
  • Lukoil Asia Pacific v Ocean Tankers - The Ocean Neptune
    ...tal sum of US772,327.87, most of which related to a prolonged stay of some 1,048 hours at anchorage off Gladstone awaiting Charterers’ orders, togethe 1. OWNERS' CALCULATION OF THE DEMURRAGE DUE; AND
    15 KB (2,391 words) - 22:17, 18 May 2018
  • Agile Holdings v Essar Shipping - The Maria
    ...ng, discharge, storage or other handling of cargo: 100% Charterers unless [1] the words "and responsibility" are added in clause 8 [of the NYPE form] or The BIMCO circular dated 1 September 1996 which accompanied publication of the 1996 ICA revision did n
    10 KB (1,500 words) - 22:09, 29 May 2018
  • Dera Commercial Estate v Derya Inc - The Sur
    On 1 June 2015, Dera served the Owners with the particulars of its cargo claim, The Court of Appeal judgment in the “The Antares” [1987] 1 Lloyds Rep 424 was also considered. Here it was held that non-geographic de
    10 KB (1,577 words) - 15:45, 30 August 2018
  • Sucden Middle-East v Yagci Denizcilik - The Muammer Yagci
    (1) A restrictive approach is taken to applying laytime and demurrage excepti ...g factors are to be considered in an objective manner taken as a whole (fn.1):
    11 KB (1,724 words) - 00:09, 31 May 2019
  • CSSA Chartering and Shipping Services S.A. v Mitsui O.S.K. Lines Ltd - The Pacific Voyager - Court of Appeal
    ...he loading port nor any date of expected readiness to load, the Monroe (fn.1) obligation applied. That meant that the Owners were under an absolute obl Footnote 1: Monroe Brothers Ltd v Ryan [1935] 2 KB 28 (CA)
    11 KB (1,851 words) - 18:25, 24 June 2019
  • Natwest Markets v Stallion Eight Shipping Co - The Alkyon
    ...arrest can cause. To grant such a cross-undertaking would be contrary to (1) the principle that a claimant in rem is entitled to arrest as of right, (2 ...usually only exercised if security in the usual form is provided first (fn.1).
    8 KB (1,379 words) - 21:37, 16 July 2019
  • Sea Master Shipping v Arab Bank (Switzerland)
    ...er section 3 of the Carriage of Goods by Sea Act of 1992 (“COGSA”) (fn.1), it had not therefore become a party to the arbitration clause. The Tribun Fn.1. Section 2 of COGSA provides:
    8 KB (1,350 words) - 22:42, 17 July 2019
  • Seatrade Group NV v Hakan Agro DMCC - The Aconcagua Bay
    “10. Loading port or place (Cl. 1) 1 good safe berth always afloat always accessible 1-2 good safe ports in the USG in Charterers’ option …”
    4 KB (724 words) - 15:45, 30 July 2019
  • Classic Maritime v Limbungan Makmur & Lion Diversified Holdings
    Charterers sought to rely on the mutual exceptions provision at clause 32 (fn.1) of the COA by way of defence. The parties agreed that the dam burst quali ...of the compensatory principle required, in Males LJ’s view, was between (1) the freights which Owners would have earned less the cost of earning them,
    18 KB (3,010 words) - 21:15, 5 September 2019
  • Deep Sea Maritime v Monjasa - The Alhani
    ...OF LADING: CARGO MISDELIVERY WITHOUT PRESENTATION OF ORIGINAL BILL: CLAUSE 1 OF BILL INCORPORATING EXCLUSIVE ENGLISH JURISDICTION & LAW CLAUSE OF A CHAR The bill of lading by clause 1 incorporated the exclusive English jurisdiction and law clause from a time
    15 KB (2,372 words) - 23:04, 8 November 2019
  • Ark Shipping Co v Silverburn Shipping (IOM) - The Arctic
    • Bunge v Tradax [1981] 1 WLR 711, in which a term requiring the buyers to give a loading notice with • The Seaflower [2001] 1 All ER (Comm) 240, which supported the argument that class status at the ti
    10 KB (1,571 words) - 18:40, 9 November 2019
  • A B The GA
    ...R ELIGIBILITY CLAUSE (“OMEC”) BY WHICH VESSEL GUARANTEED AT ALL TIMES (1) TO HAVE A VALID SHIP INSPECTION REPORT (“SIRE”) PROGRAMME REPORT REGIS (1) the tribunal’s identification and application of the compensatory princi
    16 KB (2,611 words) - 21:29, 22 November 2019
  • Eleni Shipping v Transgrain Shipping - The Eleni P
    [1] Charterers are allowed to transit Gulf of Aden any time, all extra war ris (1) The majority had found that the expression “Gulf of Aden” was not cap
    13 KB (2,110 words) - 22:09, 17 December 2019
  • Transgrain Shipping (Singapore) v Yangtze Navigation (Hong Kong) Court of Appeal
    • Argument 1: Previous versions of the ICA referred to culpability; if it had been inten ...b-clauses (a) and (b) of the 1996 ICA both still required fault – see Fn.1 It would be consistent with this to read “act” in (d) as requiring faul
    6 KB (996 words) - 16:00, 2 April 2020
  • Quiana Navigation v Pacific Gulf Shipping (Singapore) - The Caravos Liberty
    ...e material facts (above), referred to the relevant time charter clause (fn.1), and stated that the essence of the appeal was whether the BIMCO clause is (1) There was a short payment on the 4th payment date (11 July 2017);
    10 KB (1,637 words) - 15:16, 30 January 2020
  • MUR Shipping v Louis Dreyfus Company Suisse - The Tiger Shanghai
    (1) Clause 119 combined both specific reference to “all” and to “liabil In The “Adventure” (fn.1), failure to present a print out of an emailed notice of readiness, on whic
    17 KB (2,882 words) - 00:11, 14 February 2020
  • Volcafe and Ors v CSAV
    1. Bagged coffee can be (and at the time routinely was) carried without damag ...sue was who bore the burden of proving whether the cargoes were damaged by 1) negligent preparation of the containers, or 2) inherent vice.
    9 KB (1,577 words) - 12:05, 22 April 2020
  • Amalie Essberger Tankreederei v Marubeni Corporation - The Amalie Essberger
    [1] Any claim for demurrage, deadfreight, shifting expenses or other charges o The vessel completed loading and sailed on 1 December 2017. She completed discharge of her cargo on 21 December 2017 and
    16 KB (2,505 words) - 13:38, 16 March 2020
  • Oversea - Chinese Banking Corporation v Jiang Xin Shipping - The Yue You 902
    1. Owners said the OBLs were “spent” by the time the bank became holder .... This was a reference to s.5(2) of the Singapore Bills of Lading Act( fn.1), which requires a holder of OBLs to have become the holder in good faith.
    8 KB (1,432 words) - 15:49, 2 April 2020
  • Globalink Transportation & Logistics v DHL Project & Chartering
    Under Clause 1.1 of the Agreement, Globalink’s obligations to DHL were (inter alia) to: Under Clause 1.5, Globalink was to “act on behalf and at the expense of the Client” an
    8 KB (1,282 words) - 11:45, 6 April 2020
  • Alianca Navegacao E Logistica v Ameropa SA - The Santa Isabella
    ...ng so loaded, the vessel shall proceed with all convenient speed direct to 1/2 SB/SA Durban plus ½ SB/SA RICHARDS BAY…” ...Cape Horn across the South Atlantic ocean to Durban, where she arrived on 1 August 2016.
    15 KB (2,508 words) - 15:19, 6 April 2020
  • Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AB - The CMA CGM Libra
    ...EL SEAWORTHY BEFORE AND AT THE BEGINNING OF THE VOYAGE: ARTICLE III, RULES 1 AND 2 AND ARTICLE IV, RULE 2(A) OF THE HAGUE/HAGUE-VISBY RULES''' ...voyage [under Article III, rule 1 of the Hague/Hague-Visby Rules - see Fn.1], such that;
    10 KB (1,691 words) - 13:22, 23 November 2021
  • Tricon Energy v MTM Trading - The MTM Hong Kong
    ...gated and if possible resolved while the facts were still fresh ...” (fn.1). Further, In The “Adventure”, Hamblen J had stated that the documenta Footnote 1: [1982] 1 Lloyd's Rep 448 at page 45
    8 KB (1,296 words) - 10:40, 26 April 2020
  • Atlasnavios-Navegação v Navigators Insurance
    ...ndard war risks insurance policy on the Institute War and Strikes Clauses (1/10/83), with Additional Perils cover which included “loss or damage to th “1. PERILS
    8 KB (1,330 words) - 10:07, 5 August 2020
  • Sea Master Shipping v Arab Bank (Switzerland) and Yousef Freiha and Sons - The Sea Master
    ...FOR DELAYED CARGO DISCHARGE: WHETHER CARGO INTERESTS UNDER AN OBLIGATION (1) TO TAKE ALL NECESSARY STEPS TO ENABLE THE CARGO TO BE DISCHARGED AND DELIV ...ests – no implied term in the bill of lading that Cargo Interests would (1) take all necessary steps to enable the cargo to be discharged and delivere
    13 KB (2,126 words) - 21:41, 18 December 2020
  • China Coal Solution (Singapore) v Avra Commodities
    ...tain and complete. The Judge found that China Coal was liable for about US$1.6 million in damages and interest. 1. Whether (and, if so, when) a contract came into existence with China Coal
    7 KB (1,212 words) - 22:19, 23 December 2020
  • Splitt Chartering & Ors v SAGA Shipholding & Ors
    '''(1) Splitt Chartering APS (2) Stema Shipping A/S (3) Stema Shipping (UK) Limte ...IMITATION OF LIABILITY FOR MARITIME CLAIMS 1976: INTERPRETATION OF ARTICLE 1(2): MEANING OF “MANAGER OR OPERATOR OF A SEAGOING SHIP”: ANCHOR OF UNMA
    7 KB (1,216 words) - 12:00, 30 December 2021
  • Priminds Shipping (HK) v Noble Chartering - The Tai Prize
    ...d proceedings against the Owners in the PRC and were awarded the sum of US$1,086,564.70. Subsequently, the Owners commenced arbitration against Noble, c 1. whether the statements in the draft Bill of Lading presented to the Vessel
    9 KB (1,570 words) - 12:21, 23 February 2021
  • Englehart CTP US LLC v Lloyd's Syndicate 1221 & Ors
    ...ficates and bills of lading were issued in respect of a cargo of a further 1,968mt of copper ingots, said to be shipped in 102 containers ("Containers") ...uses (A) CL 382 (1.1.09)… and/or American Institute Cargo Clauses (Sept. 1, 1965) 32B-10 but with Clause No. 3 amended to read as follows: 'Against al
    10 KB (1,612 words) - 23:10, 19 January 2021
  • Palmali Shipping v Litasco
    '''English Commercial Court: Foxton J: [2020] EWHC 2581 (Comm): 1 October 2020''' ...ere the liability would never be discharged and the expense never paid (fn.1).
    6 KB (915 words) - 18:43, 23 January 2021
  • Nautica Marine v Trafigura Trading - the Leonidas
    (1) Owners had to accept, based on authority, that “subject to management a
    10 KB (1,680 words) - 12:56, 3 February 2021
  • Priminds Shipping v Noble Chartering - the Tai Prize
    ...ers against the Owners in the PRC. Owners were held liable for a sum of US$1,086,564.70 and subsequently commenced arbitration against Noble for a 50% c ...] 1 Lloyds Rep 92 per Colman J at 103 RHC and Peter der Grosse, The (1875) 1 P.D. 414.
    9 KB (1,556 words) - 12:24, 23 February 2021
  • Imperator I Maritime Company v Bunge SA and C Transport Panamax Ltd - The “Coral Seas
    ...owner must be taken to have accepted the risk: The “Island Archon” (fn.1). Footnote 1: [1994] 2 Lloyd’s Rep 227 (CA)
    10 KB (1,575 words) - 13:24, 28 February 2021
  • The Caraka Jaya Niaga III 11
    '''(1) POS Maritime NX S.A. & (2) Pan Ocean Co. Ltd. v. The Owners/bareboat Chart ...he Maritime Conventions Act 1911 of Singapore (“MCA”) – see footnote 1 - there is a two-year limitation period to bring proceedings, including by
    10 KB (1,628 words) - 16:40, 17 March 2021
  • Herculito Maritime Ltd v Gunvor International BV
    ...n in this case has been upheld by the Court of Appeal, in a judgment dated 1 December 2021: A Note on the Court of Appeal decision is here [[https://www ...the charterparty, known as the “Gulf of Aden clause” – see footnote 1 - provided (among other things) that all additional insurance premiums pay
    10 KB (1,714 words) - 21:23, 19 January 2024
  • K Line Pte Ltd v Priminds Shipping (HK) Co Ltd - The Eternal Bliss
    K Line later settled Receivers’ claim at a total cost of USD1.1 million and commenced arbitration in London, in accordance with the dispute ...ority opinion of the Court of Appeal in Aktieselskabet Reidar v Arcos (fn.1). In that case, the Court of Appeal had held that the deadfreight claim, w
    11 KB (1,915 words) - 23:12, 23 November 2021
  • Sea Tank Shipping v Vinnlustodin HF & Or - the Aqasia
    '''Sea Tank Shipping AS v (1) Vinnlustodin HF & (2) Vatryggingafelag Islands FH [2018] EWCA Civ 276 – 1. the judgment failed to give effect to the clearly expressed intention of t
    9 KB (1,459 words) - 20:40, 27 April 2021
  • Alpha Marine v Minmetals Logistics Zhejiang - The Smart
    ...m Owners, the value of freight which was not paid by GNR, amounting to USD 1,860,390, less the amount held in escrow, together with interest and costs t ...as an obiter suggestion of the Court of Appeal in The “Bulk Chile” (fn.1), which had been taken up and developed, on the basis of an implied term, b
    12 KB (1,977 words) - 20:08, 12 May 2021
  • Republic of Sierra Leone v SL Mining Limited
    ...tional Rules of Conciliation and Arbitration of the… ICC…” –see fn.1. ...for the Tribunal to determine rather than the court. Therefore, section 30(1)(c) and section 67 does not apply.
    10 KB (1,570 words) - 22:02, 22 May 2021
  • Navision Shipping v Precious Pearls & Conti Lines v Navision Shipping - The Mookda Naree
    ...orded with that taken by the Supreme Court in The “Global Santosh” (fn.1). The construction of the proviso itself was approached on the basis that Footnote 1: [2016] UKSC 20
    12 KB (2,009 words) - 11:53, 18 June 2021
  • Ulusoy Denizilik v COFCO Global Harvest (Zhangjiagang) Trading - The Ulusoy 11
    ...IT INJUNCTION: ROME I REGULATION (REGULATION (EC) NO 593/2008), ARTICLE 10(1), (2)''' ...orporated into the bills of lading was English law, pursuant to article 10(1) of the Rome I Regulation and English conflict of law rules;
    17 KB (2,790 words) - 21:31, 28 June 2021
  • Jiangsu Guoxin Corporation v Precious Shipping Public Co.
    ...PREVENTION PRINCIPLE: DEFINITION OF PERMISSBILE DELAYS UNDER ARTICLE VIII.1: NOTICE PROVISIONS FOR EXTENSIONS OF TIME UNDER ARTICLE VIII.2''' ...ed that it was terminating the contracts for those Hulls under Article III.1 and Article VIII.3 of the SBCs on the basis that the delay exceeded the 150
    15 KB (2,450 words) - 12:13, 7 July 2021
  • Regal Seas Maritime v Oldendorff Carriers - The New Hydra
    ...understood the contracting parties to have meant by the language used (fn.1). Footnote 1: Financial Conduct Authority v Arch Insurance [2021] UKSC 1, [47].
    12 KB (1,911 words) - 13:06, 30 July 2021
  • CAI v CAJ & CAK
    ...(General Conditions of the Agreements between the parties) 40.2 (footnote 1) 1. GC40.1 The Time for Completion specified in Article 5.1 of the Agreement shall be extended if [CAJ or CAK] shall be delayed or impe
    11 KB (1,858 words) - 12:08, 28 September 2021
  • Euronav N V v Repsol Trading - The Maria
    ...efore in time, being ‘day 30’ counting from 26 December 2019 as ‘day 1’. ...e, in which case the Court should “grasp the nettle and decide it” (fn.1).
    10 KB (1,673 words) - 15:48, 8 October 2021
  • SK Shipping Europe v Capital VLCC 3 Corp & Another - The C Challenger
    (1) Whether an offer of speed and consumption warranties in a time charter inv ...ents the terms of obligation on which an owner is prepared to contract (fn.1).
    9 KB (1,408 words) - 12:15, 25 May 2022
  • Alize 1954 and CMA CGM SA v Allianz Versicherungs AG and Ors - the CMA CGM Libra
    ...SEL SEAWORTHY BEFORE AND AT THE BEGINNING OF THE VOYAGE: ARTICLE III, RULE 1 AND ARTICLE IV, RULE 2(A) OF THE HAGUE/HAGUE-VISBY RULES''' ...ore and at the beginning of the voyage under Article III, Rule 1 (footnote 1) to which Article IV, Rule 2(a) (footnote 2) was no defence.
    9 KB (1,531 words) - 18:44, 22 November 2021
  • K Line v Priminds Shipping HK - The Eternal Bliss
    ...that is at the heart of the present controversy, namely Reidar v Arcos (fn.1), was obscure, rather than to continue to search for a clarity that the Cou Footnote 1: [1927] KB 352 (C.A.)
    8 KB (1,415 words) - 17:07, 5 December 2021
  • W v AW
    ...not to be the case and, accordingly, the award in that arbitration, Award 1, was in W’s favour. That award was handed down on 13 March 2020. ...ts claim against W on the same representations as were made in Arbitration 1, yet the tribunal in that arbitration issued an Award, Award 2, holding tha
    10 KB (1,663 words) - 00:10, 30 December 2021
  • Charles Lim Teng Siang v Hong Choon Hau
    '''Decision of the Court of Appeal (delivered by Steven Chong JCA), 1 March 2021: Sundaresh Menon CJ, Judith Prakash JCA, Belinda Ang Saw Ean JAD ...aled. On appeal, they raised a new point concerning a NOM clause (clause 8.1) of the SPA which prevented variation, supplement, deletion, or replacement
    10 KB (1,653 words) - 16:15, 30 December 2021
  • Herculito Maritime v Gunvor International - The Polar
    ...: Peter Jackson and Males LJJ and Sir Patrick Elias: [2021] EWCA Civ 1828: 1 December 2021''' ...d the case on the assumption that the Gulf of Aden clause – see footnote 1 – amounted to an agreement on the part of Owners that they would not seek
    10 KB (1,674 words) - 21:39, 19 January 2024
  • M/V Pacific Pearl Co. Limited v Osios David Shipping Inc.
    ...SONABLY SATISFACTORY FORM”: WHETHER PRESENCE OF SANCTIONS CLAUSE IN ASG 1 RENDERS IT NOT REASONABLY SATISFACTORY SECURITY UNDER ASG 2: RISK OF NON-PA ...Iranian “nexus” of the PACIFIC ALEXANDER. The present case held that (1) in the circumstances of this case, an LOU containing a sanctions clause wa
    9 KB (1,590 words) - 12:22, 6 July 2022
  • M/V Pacific Pearl Co. Limited v Osios David Shipping Inc
    ...ASONABLY SATISFACTORY FORM”: WHETHER PRESENCE OF SANCTIONS CLAUSE IN ASG 1 RENDERS IT NOT REASONABLY SATISFACTORY SECURITY UNDER ASG 2: RISK OF NON-PA ...Iranian “nexus” of the PACIFIC ALEXANDER. The present case held that (1) in the circumstances of this case, an LOU containing a sanctions clause wa
    9 KB (1,536 words) - 21:01, 3 February 2022
  • Space Shipping v ST Shipping and Transport
    ...empt by Space Shipping to remove the deduction and so recover a further US$1.4million. ...st trading profits up to 20 July 2015 in the Partial Final Award 1 (“PFA 1”), and thus ST Shipping were estopped on the basis of res judicata from a
    11 KB (1,898 words) - 00:18, 11 February 2022
  • Stema Shipping (UK) v RTE - The Stema Barge II
    ...IMITATION OF LIABILITY FOR MARITIME CLAIMS 1976: INTERPRETATION OF ARTICLE 1(2): MEANING OF “MANAGER OR OPERATOR OF A SEAGOING SHIP”: ANCHOR OF UNMA ...Limitation of Maritime Claims 1976 (the “Limitation Convention” – fn.1). Early that morning, whilst off Dover, the barge's anchor dragged during
    13 KB (2,229 words) - 14:19, 7 March 2022
  • NWA and Anor v NVF & Ors
    Between (1) NWA (2) FSY and (1) NVF (2) RWX (3) KLB ...CONFIRMING TRIBUNAL’S JURISDICTION: CHALLENGE TO AWARD UNDER SECTION 67(1)(a) ARBITRATION ACT 1996: WHETHER NON-COMPLIANCE WITH MEDIATION PROVISION V
    11 KB (1,692 words) - 18:08, 15 March 2022
  • MUR Shipping BV v RTI Ltd
    The Judge first outlined the facts (above), the key terms of the COA (fn.1) and the arbitral tribunal’s award before turning to address the substanc (1) There was no authority which supported the arbitral tribunal's view that
    12 KB (1,949 words) - 22:39, 3 November 2022
  • CVLC Three Carrier Corp v Arab Maritime Petroleum Transport Company
    1. This case is a good example of applying the legal test for the implication
    8 KB (1,266 words) - 21:37, 3 April 2022
  • OCM Maritime Nile & Anor v Courage Shipping Co & Ors - The Courage and The Amethyst
    The Judge first outlined the key facts (above), the key terms of the CPs (fn.1) and proceeded to consider the evidence and the merits of the dispute in de Footnote 1:
    18 KB (2,822 words) - 13:25, 11 September 2022
  • A v B
    ...agreed to sell to the Buyers Ukrainian Feed Corn in Bulk, FOB 1 safe berth/1 safe Ukrainian port, Yuzhny, Odessa or Chernomorsk. ...e Buyers nominated the M/V “Tai Hunter”. The nomination gave an ETA of 1 April 2018 AGW WP and the destination as Egypt. The nomination failed to pr
    13 KB (2,290 words) - 16:46, 22 April 2022
  • DHL Project & Chartering v Gemini Ocean Shipping - The Newcastle Express
    ..., such a result was clear from the decision in The “Pacific Champ” (fn.1), where Eder J concluded that the questions, whether there was a binding fi ...(1st Edition, para 2-031) and Wilford on Time Charters (4th Edition, para 1.11). The result was that a binding contract would only come into existence
    8 KB (1,123 words) - 13:27, 26 April 2022
  • Ducat Maritime v Lavender Shipmanagement - The Majestic
    (1) The arbitrator had failed to comply with his general duty under s.33 of t ...present case, there had been an irregularity, on the grounds set out in (1) above, which amounted to a failure to comply with the s.33 general duty.
    11 KB (1,678 words) - 23:57, 11 May 2022
  • SK Shipping Europe Ltd v Capital VLCC 3 Corp & Capital Maritime & Trading Corp - The C Challenger
    (1) Misrepresentation: the representations of the vessel’s performance were (1) The issues here were whether the High Court judge should, where the offere
    15 KB (2,473 words) - 12:11, 25 May 2022
  • Nautical Challenge v Evergreen Marine UK - The Alexandra 1 and the Ever Smart
    ...instructed by Clyde & Co LLP for the Claimant, the Owners of “ALEXANDRA 1” ...On that review, liability was apportioned 70/30 in favour of the ALEXANDRA 1.
    13 KB (2,148 words) - 21:28, 16 June 2022
  • Pacific Pearl Co v Osios David Shipping - The Panamax Alexander and Osios David)
    ...ON OF INTERNATIONAL GROUP OF P&I CLUBS’ APPROVED SANCTIONS CLAUSE TO ASG 1 LOU WORDING RENDERED IT UNSATISFACTORY: WHETHER A PARTY IS OBLIGED TO ACCEP (1) whether considered as a matter of construction or implication of terms, on
    11 KB (1,760 words) - 12:20, 6 July 2022
  • ARI v WXJ
    ...rious vessels, which included at clause 30(a) an arbitration agreement (fn.1). ...JJJ’s appointment and remuneration with WXJ's legal representatives. On 1 February 2022, JJJ said that JJJ would not be able to participate in the ar
    10 KB (1,532 words) - 12:14, 15 July 2022
  • NKD Maritime v Bart Maritime No.2 - The Shagang Giant
    ...the material facts squarely within clause 10 (titled Force Maejure – fn.1) of the MOA. (1) The MOA was aimed at allowing the demolition, not trading, of the vessel.
    14 KB (2,297 words) - 22:41, 21 July 2022
  • ENEMALTA PLC v Standard Club Asia
    1. In light of this judgment, the exclusive jurisdiction agreement, as a mat
    7 KB (1,194 words) - 22:37, 1 August 2022
  • Ai Giorgis Oil Trading Ltd v AG Shipping & Energy Pte Ltd - The Marquessa
    ...tered her to AG Shipping, Charterers, on an amended Shelltime 4 form dated 1 June 2020, subject to English law and the jurisdiction of the English High ...had been upheld in previous cases (e.g. The “Greatship Dhriti” – fn.1).
    14 KB (2,211 words) - 21:24, 24 August 2022
  • OCM Maritime Nile LLC & Anor v Courage Shipping Co & Ors - The Courage & The Amethyst
    ...arties had extended the scope of clause 28 – see the words in bold in fn.1 - so that it applied in any case of termination in accordance with any of t (1) Owners’ construction respected the wording of clause 46 because the clau
    13 KB (2,078 words) - 13:22, 11 September 2022
  • Eastern Pacific Chartering v Pola Maritime - the Divinegate
    ...rs to show Charterers’ counterclaim was time barred under clause 102 (fn.1). The judge noted, with reference to The “Oltenia” (fn.2), that “the ...oyage with utmost despatch, or (c) a breach of the obligation under clause 1 to provide a vessel that was “tight, staunch, strong and in every way fit
    17 KB (2,735 words) - 13:30, 6 October 2022
  • MUR Shipping BV v RTI Ltd - Court of Appeal decision
    .... Males LJ first outlined the facts (above), the key terms of the COA (fn.1), the arbitral tribunal’s award, the High Court’s judgment and the part Footnote 1:
    14 KB (2,390 words) - 22:32, 3 November 2022
  • CM P-Max III Ltd v Petroleos del Norte SA - The Stena Primorsk
    (1) in the circumstances of this case, Owners were not at fault in refusing to ...as there would have been UKC of 0.9m, whereas the policy required a UKC of 1.22m.
    12 KB (1,956 words) - 18:19, 8 November 2022
  • FIMBank Plc v KCH Shipping Co - The Giant Ace
    ...ghi around two weeks later, where the cargo was discharged ashore, between 1 and 18 April 2018, into stockpiles, against letters of indemnity which ran ...d by FIMBank: (i) whether Article III, Rule 6 of the Hague-Visby Rules (fn.1) applies to claims for misdelivery of cargo after discharge (the “First Q
    15 KB (2,445 words) - 16:54, 17 January 2023
  • Fastfreight v Bulk Trident Shipping - The Anna Dorothea
    ...ay 2021. Charterers relied in this regard on clause 67 quoted in footnote 1 below. Footnote 1:
    12 KB (1,848 words) - 16:19, 26 January 2023
  • UniCredit Bank v Euronav - The Sienna
    ...of the Cargo ("the Financed Cargo") by way of letter of credit on or about 1 April 2020. Issue 1: Did the bill of lading contain and/or evidence the/a contract of carriage
    10 KB (1,706 words) - 21:52, 27 June 2023
  • DHL Project and Chartering v Gemini Ocean Shipping - The Newcastle Express
    ...rty negotiations, Males LJ endorsed the judgment in The “Leonidas” (fn.1) and concluded that the “subject” in the present case was also a pre-co Footnote 1: [2020] EWHC 1986 (Comm)
    9 KB (1,334 words) - 21:59, 28 February 2023
  • Pan Ocean Co v Daelim Corporation - The DL Lilac
    (1) Whether the Tribunal was in error in the test it used in implying a term? ...ing) that it goes without saying that it was included in the agreement (fn.1).
    12 KB (1,939 words) - 22:24, 10 March 2023
  • Trafigura v TKK Shipping - The Thorco Lineage
    ...uthorities, in particular the judgment of Buxton J in The “Limnos” (fn.1), and the textbooks and commentaries on the topic. Footnote 1: Serena Navigation Ltd v Dera Commercial Establishment [2008] EWHC 1036 (Co
    13 KB (2,221 words) - 12:09, 10 April 2023
  • Unicredit Bank AG v Euronav NV - The Sienna
    ...hase by Gulf of part of the cargo by way of a letter of credit on or about 1 April 2020, and paid BP for it before completion of the voyage. Issue 1: Did the bill of lading contain and/or evidence the/a contract of carriage
    13 KB (2,211 words) - 21:48, 27 June 2023
  • Rhine Shipping DMCC v Vitol S.A. - The Dijilah
    The first issue related to whether or not the clause 13 (fn.1) indemnity was engaged by the circumstances of the delay to the vessel as a (1) Did Al-Iraqia fall within the description of entities listed in the clause
    15 KB (2,474 words) - 21:00, 11 July 2023
  • Smart Gain Shipping Co v Langlois Enterprises - The Globe Danae
    On that basis, and in reliance on The “Nicki R” (fn.1), the tribunal held that clause 86 imposed an obligation on Charterers to a (1) The usual time to clean a laden vessel that has become fouled whilst idle
    14 KB (2,257 words) - 23:19, 16 August 2023
  • FIMBank v KCH Shipping - The Giant Ace
    ...accepted internationally, including the principle laid down in Article 31.1 of the Vienna Convention: ...accurately summarised by Anthony Diamond QC, in The Hague-Visby Rules (fn.1):
    14 KB (2,396 words) - 13:09, 10 November 2023
  • Star Axe 1 v Royal & Sun Alliance and Ors - The Star Antares
    ...rs sought to rely – the Comité Maritime International (“CMI” – fn.1) commentary on the YAR 1994, which it drafted and promulgated, an industry “(1) That shipowners and charterers are in the habit of using contract wordings
    11 KB (1,699 words) - 21:31, 29 November 2023
  • Mercuria Energy Trading-v-Raphael Cotoner Investments - The Afra Oak
    ...defence, in view of the decisions in the cases of Knutsford v Tillmans (fn.1) and The “Hill Harmony” (fn.2). Footnote 1: [1908] AC 406
    10 KB (1,562 words) - 22:22, 2 January 2024
  • Litasco SA v Der Mond Oil and Gas SA
    ...mary judgment. This note focuses on the trade sanctions (clause 15 – fn.1) related aspects of the defence. The Judge noted that there could be a potential defence based on (1) the terms of the contract, with reference to clause 15.2, and/or (2) separ
    12 KB (1,945 words) - 21:05, 12 January 2024
  • Herculito Maritime v Gunvor International - Supreme Court Decision - The Polar
    ...The Gulf of Aden clause and the War Risk clause can be found at footnote 1 below. The voyage charter also included an amended version of the BPVoy 4 (1) - Whether on the proper interpretation of the charter, and in particular t
    13 KB (2,221 words) - 16:18, 20 January 2024
  • JB Cocoa Sdn Bhd v Maersk Line AS - The Maersk Chennai
    ...from Lagos to Tanjung Pelepas, Malaysia. The container was discharged by 1 October 2017 but was not collected until around 28 November 2017, when the ...y at the Port of Discharge shall be determined in accordance with Articles 1-8 of the Hague Rules save as is otherwise provided in these Terms and Condi
    6 KB (1,034 words) - 22:08, 23 February 2024
  • MSC Mediterranean Shipping S.A. v Conti 11 Container Schiffarhts GmbH KG MS & Others - The MSC Flaminia No.2
    ...eal: Males and Falk LJJ and Sir Launcelot Henderson: [2023] EWCA Civ 1007: 1 September 2023''' ...ime Charterers fell within Article 2 of the 1976 Limitation Convention (fn.1).
    8 KB (1,303 words) - 19:00, 4 March 2024
  • Southeaster Maritime v Trafigura Maritime Logistics - The Aquafreedom
    The negotiations took place through brokers and consisted of four phases: (1) initial talks culminating in a "recap" on 30 January, (2) exchanges seekin During phase (1), the parties had agreed in the “recap”, amongst other things, to the f
    8 KB (1,254 words) - 13:34, 7 April 2024
  • Marchand Navigation v Olam Global Agri & Sinco Shipping - The Maria Theo 1
    ...o v Olam Global Agri Pte Ltd and Sinco Shipping Pte Ltd (The “Maria Theo 1”)''' (1) Whether Marchand’s payment for bunkers on behalf of Sinco was an amount
    6 KB (1,017 words) - 13:23, 16 April 2024
  • Delos Shipholding v Allianz Global & Specialty - The Win Win
    (1) the detainment was not fortuitous since the Master and/or one or more of t This note focuses on grounds (1) and (2) for brevity, although, for the sake of completeness, grounds (3) a
    10 KB (1,488 words) - 19:05, 28 April 2024
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