Shipping & Transport Law 
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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
Samsun Logix
Corporation v. Oceantrade Corporation and Deval Denizcilik Ve Ticaret AS v.
Oceantrade Corporation and Samsun Logix Corporation
English High Court: Queen’s Bench Division: Commercial Court: Gross J.: [2007]
EWHC 2372 (Comm): 18 October 2007
TIMECHARTERPARTIES: TIMECHARTERERS IN BANKRUPTCY: BANKRUPTCY PROCEEDINGS TAKING
PLACE IN NEW YORK COURT: ENGLISH HIGH COURT FREEZING ORDERS: SUB-FREIGHTS HELD
IN ESCROW IN ENGLAND: PRIORITIES AS BETWEEN CREDITORS: WHETHER COURT RULING ON
PRIORITIES HAD UTILITY: LIEN ON SUB-FREIGHTS: WHETHER ARBITRATION AWARD HOLDING
LIEN VALID BINDING ON THIRD PARTIES: WHETHER LIEN EXERCISED IN TIME
CTI Group Inc v Transclear SA
English High Court: Commercial Court: Field J.: [(2007] EWHC 2070 (Comm)
CONTRACTS: INTERNATIONAL SALE OF GOODS: CEMENT: SHIPPING: FOB CONTRACTS: WHETHER
FAILURE OF SELLER TO SUPPLY CARGO AMOUNTED TO FRUSTRATION OF CONTRACT: WHETHER
TERM TO BE IMPLIED THAT ‘ALL BETS WERE OFF’ IF THIRD PARTY INTERVENED TO
PREVENT THE SUPPLY OF THE CARGO: CAN FAULT OF SUPPLIER BE IMPUTED TO THE SELLER
IN THE ABSENCE OF A CONTRACT BETWEEN THEM?: WHICH PARTY BORE THE RISK OF FAILURE
OF SUPPLY?
Trans-Tec Asia v. M/V
"Harmony Container"
United States of America: United States Court of Appeals for the Ninth
Circuit: Judges M. M. McKeown, A. Kozinski, A. W. Tashima, 2008 U.S. App. LEXIS
5143: March 11, 2008
SHIPPING: CONTRACT FOR SUPPLY OF BUNKERS: CHOICE OF US LAW AS PROPER LAW:
CONTRACT PROVIDED MARITIME LIEN FOR NECESSARIES: BUNKERS SUPPLIED ABROAD BY AND
TO NON-US PARTIES: WHETHER CONTRACTUAL MARITIME LIEN ENFORCEABLE
Chan
Kwai Ha v Wong Chick Bun
Hong Kong Court of Appeal: Ma, CJHC, Stone and Reyes, JJ: CA (2008) CACV
200/2007: 27 February 2008
COLLISION BETWEEN TUG AND TOW: WHETHER CLAIM BY TOW OUT OF TIME UNDER MERCHANT
SHIPPING (COLLISION DAMAGE LIABILITY AND SALVAGE) ORDINANCE 1997: COLLISION
CONVENTION 1910: WHETHER TIME LIMIT IN CONVENTION AND ORDINANCE APPLIED TO
CONTRACTUAL CLAIMS: MEANING OF ‘FAULT’: WHETHER APPROPRIATE TO EXERCISE
COURT’S DISCRETION TO EXTEND TIME LIMIT
ERG Raffinerie Mediterranee
Spa v Chevron USA Inc
English Court of Appeal: Buxton and Longmore LJJ, Sir Martin Nourse: [2007]
EWCA Civ 494: 22 May 2007
CONTRACTS - SALE OF GOODS – SHIPPING: CANCELLATION:
CONDITIONS: DELAY: DELIVERY: DEMURRAGE: FOB CONTRACTS: FRUSTRATION: LAYTIME:
LOADING: OIL AND GAS INDUSTRY: REPUDIATION: SHIPMENT: TERMINATION: TIME OF THE
ESSENCE: LAYCAN PROVISIONS: CREATION OF NON-STANDARD FOB CONTRACT IN WHICH TIME
OF SHIPMENT NOT OF ESSENCE
Federal
Republic of Germany: Supreme Court, Bundesgerichtshof: I ZR 138/04: 18 October
2007
CARRIAGE OF GOODS BY SEA: MULTIMODAL CONTRACT OF CARRIAGE: DAMAGE DURING
LOADING ONTO ON-CARRYING VEHICLE AT PORT OF DISCHARGE: WHETHER MARITIME OR ROAD
CARRIAGE LIMITATIONS OF LIABILITY APPLY
1. International
Transportation Service Inc. v. The Owners of the vessels "Convenience
Container", "Kingdom Container" and "Liberty Container"
and Florens Container Inc. as Intervener;
2. Rudolf A. Oetker KG v. The Owners of the Vessels "Convenience
Container", "Kingdom Container", "Liberty Container"
and "Mandarin Container";
Hong Kong: Hong Kong Court of Appeal: Ma, CJHC., Stone & Reyes JJ.: CACV
234-240/2006: 16 July 2007
FOREIGN LIQUIDATION: ADMIRALTY JURISDICTION: HONG KONG COURT ORDINANCE
s.12(B)(4)(i): MEANING OF ‘BENEFICIAL OWNERSHIP’: RELEVANCE OF INSOLVENCY
LAW TO HONG KONG ADMIRALTY JURISDICTION: WHETHER CLAIMS WHERE WRITS WERE ISSUED
AFTER JUDICIAL SALE WERE TOO LATE TO PARTICIPATE IN DISTRIBUTION OF PROCEEDS OF
SALE: PROCEEDS OF SALE IN ADMIRALTY
World Fuel Services
(Singapore) Pte Ltd v. Florens Container Inc. ("The Liberty
Container")
Hong Kong SAR: Court of Final Appeal: Mr Justice Bokhary, Mr Justice Chan
and Mr Justice Ribeiro PJJ, Mr Justice Nazareth NPJ and Lord Millett, NPJ: 16
May 2007
PARTY IN LIQUIDATION: CREDITOR FUNDED LITIGATION: S.52(A) HONG KONG HIGH COURT
ORDINANCE: S.265(B) HONG KONG COMPANIES ORDINANCE: WHETHER FUNDER SUBJECT TO
COSTS ORDER: CRITERIA TO BE APPLIED
Carewins
Development (China) Ltd v Bright Fortune Shipping Ltd
Hong Kong SAR Court of Appeal: Ma CJHC, Barma and Reyes JJ: CACV 328/9/2006:
13 July 2007
STRAIGHT BILLS OF LADING: MISDELIVERY OF GOODS: PRESENTATION RULE: CONVERSION:
EXEMPTION OF CARRIERS’ LIABILITY FOR MISDELIVERY: MEANING OF
"DISCHARGE" AND "DELIVERY": AMBIGUITY
In re M/V DG HARMONY
United States of America: United States Court of Appeals for the Second
Circuit; 2008 U.S. App. LEXIS 4483; Sack, Parkes and Hall JJ.: March 3,
2008
SHIPPING: CARRIAGE OF DANGEROUS CARGO: US CARRIAGE OF GOODS BY SEA ACT 1936
s.4(6): STRICT LIABILITY: DUTY TO WARN: NEGLIGENCE
Reino de Espana v. The American Bureau of Shipping,
Inc.
United States of America: United States District Court for the Southern
District of New York; Hon. Laura Taylor Swain; 2008 U.S. Dist. LEXIS 3; January
2, 2008
SHIPPING: OIL POLLUTION: CLASSIFICATION SOCIETY: INTERNATIONAL CONVENTION ON
CIVIL LIABILITY FOR OIL POLLUTION DAMAGE: "ANY OTHER PERSON WHO… PERFORMS
SERVICES FOR THE SHIP: WHETHER A CONTRACTING STATE MAY BRING CLAIMS IN
JURISDICTIONS OTHER THAN THOSE PROVIDED BY THE CONVENTION
Central Hudson Gas &
Electric Corp. v. The Tug M/V Scott Turecamo and Others
United States of America: United States District Court for the Southern
District of New York; William C. Conner; 496 F.Supp. 2d 331; July 25, 2007
SHIPPING: DAMAGE TO UNDERWATER PIPELINE: MEASURE OF DAMAGES: WHETHER PIPELINE
SHOULD BE REPLACED: WHETHER BY RECONFIGURING ITS DELIVERY SYSTEM, PLAINTIFF ‘MADE
WHOLE’: WHETHER DAMAGED PIPELINE SHOULD BE REMOVED
Robinson v. Orient Marine Co. Ltd.,
et al.
United States of America : United Sates Court of Appeals for the Fifth
Circuit
505 F.3d 364 (5th Cir. October 19, 2007)
SHIPPING: INJURY TO LONGSHOREMAN: LIABILITY OF OWNER AND CHARTERER UNDER
LONGSHORE & HARBOR WORKERS’ COMPENSATION ACT: WHETHER CHARTERER OWED
LONGSHOREMAN A DUTY INDEPENDENT OF THE OWNER: WHETHER CHARTERER HAD CONTROL OF
STEVEDORE WHOSE NEGLIGENCE CAUSED THE INJURY: EFFECT OF CLAUSES IN CHARTERPARTY
ASSIGNING RESPONSIBILITY FOR CARGO OPERATIONS TO CHARTERER
New Zealand China Clays Ltd.
v. Tasman Orient Line CV
New Zealand High Court: Williams J.: 31 August 2007
CARRIAGE OF GOODS BY SEA: SHIP DAMAGED BY GROUNDING: SEAWATER ENTRY TO FORWARD
COMPARTMENTS: DECK CARGO OF CONTAINERS DAMAGED BY INUNDATION: HAGUE-VISBY RULES:
ART.IV RULE 2(a): DEFENCE OF ACT, NEGLECT OR DEFAULT OF THE MASTER… IN THE
NAVIGATION OR MANAGEMENT OF THE SHIP: FAILURE TO NOTIFY AUTHORITIES OF CASUALTY:
FAILURE TO PROVIDE TIMELY AND ACCURATE INFORMATION TO SHIP’S MANAGERS: CAUSE
OF CASUALTY INITIALLY FABRICATED: ALL LEADING TO DELAY IN PROVISION OF SALVAGE
SERVICES: WHETHER ELEMENT OF GOOD FAITH ESSENTIAL TO CARRIER’S ENTITLEMENT TO
RULE 2(a) DEFENCE: WHETHER ACTIONS OF MASTER AFTER THE CASUALTY WERE ERRORS IN
NAVIGATION OR MANAGEMENT OF THE SHIP MADE IN GOOD FAITH (BONA FIDE)
Niki Maritime Entreprises SA, as Disponent Owner of the M/T
"Niki" v. Global Companies LLC, as Charterer
United States of America: Arbitration Award: Society of Maritime
Arbitrators of New York: Gerard T Desmond, Chairman, Thomas F Fox and Donald J
Szostak, arbitrators: 1 June 2007
TANKER VOYAGE CHARTERPARTY: ASBATANKVOY FORM: CALCULATION OF
EXCESSIVE PUMPING TIME AT DISCHARGE PORT: HESS PUMPING CLAUSE: ASDEM1 FORMULA
Armada Bulk Carrier Ltd, as Disponent
Owner of M/V Moondance v. Andres Ruiz de Velasco, as Charterer
United States of America: Arbitration Award: Society of Maritime Arbitrators
of New York: Michael A van Gelder, Chairman, Klaus C J Mordhorst and A J
Siciliano, arbitrators: 19 June 2007
CONTRACT OF AFFREIGHTMENT: CARGO OF COAL IN BULK: CHARTERER FAILS TO LOAD ONE
PARCEL ORIGINALLY STEMMED: DEADFREIGHT: EXCEPTIONS CLAUSE: CHARTERER’S
OBLIGATIONS WITH REGARD TO PROVISION OF CARGO
Emerald Shipping Corp. v. Elmhirst
Pte., Ltd, as Owner of the "Neptune Dorado"
United States of America: New York Arbitration Award: Howard M McCormack,
Chairman, David W Martowski and Louis P Sheinbaum, arbitrators: Interim Ruling,
4 May 2007
ARBITRATION: SECURITY FOR CLAIM: CLUB LETTER OF UNDERTAKING: PROVISION REQUIRING
CLUB TO PROVIDE BOND AS SUBSTITUTE SECURITY: WHETHER TRIBUNAL HAD AUTHORITY TO
ORDER CLUB TO PROVIDE SUBSTITUTE SECURITY: PARTIES TO THE ARBITRATION:
INTERPRETATION OF SUBSTITUTE SECURITY PROVISIONS IN CLUB LETTER
Transfield
Shipping Inc of Panama v Mercator Shipping Inc of Monrovia (The "Achilleas")
English Court of Appeal: Ward, Tuckey and Rix LJJ: [2007] EWCA Civ 901: 6
September 2007
TIME CHARTERPARTY: LATE REDELIVERY: FAILURE TO DELIVER WITHIN LAYCAN OF NEXT
FIXTURE: RENEGOTIATION OF HIRE RATE FOR NEXT FIXTURE IN ACCORDANCE WITH LOWER
PREVAILING MARKET RATES: CONSEQUENTIAL LOSS OF HIRE: RECOVERABILITY OF DAMAGES:
REMOTENESS OF LOSS
Golden Fleece Maritime Inc v ST
Shipping & Transport Inc (The "Elli" and The "Frixos")
English Commercial Court: Cooke J: [2007] EWHC 1890 (Comm): 02 August 2007
TIME CHARTERPARTIES: OIL TANKERS: EFFECT OF CHANGE IN INTERNATIONAL REGULATIONS
RESTRICTING CARGOES THAT COULD BE LAWFULLY CARRIED: DOUBLE-SIDED VESSELS: MARPOL
1973/1978: FITNESS FOR SERVICE: WARRANTY: SHELLTIME 4 FORM
Datec Electronic Holdings
Ltd and Another v United Parcels Services Ltd
United Kingdom House of Lords: Lords Hoffmann, Hope, Walker, Mance and
Neuberger.:
[2007] UKHL 23: 16 May 2007
CARRIAGE OF GOODS BY ROAD: CARRIER’S TERMS EXCLUDE CARRIAGE OF CONSIGNMENTS
ABOVE A CERTAIN VALUE: CARRIER’S LIABILITY WHERE SUCH CONSIGNMENT IN FACT
CARRIED AND NOT DELIVERED: CMR CONVENTION: WHETHER CONTRACT EXISTS TO WHICH CMR
APPLIES: WHETHER CARRIER ENTITLED TO LIMIT LIABILITY UNDER CMR: WHETHER LOSS DUE
TO CARRIER’S ‘WILFUL MISCONDUCT’ RENDERING LIMIT OF LIABILITY
INAPPLICABLE: APPROACH OF APPELLATE COURTS IN CASES WHERE NO DIRECT EVIDENCE ON
THE CAUSE OF THE LOSS
The "Asia Star"
Singapore Court of Appeal; Judgment delivered by Belinda Ang J, 27 March
2007: [2007] SCGA 17
CARRIAGE OF GOODS BY SEA: VEGOILVOY CHARTERPARTY FOR CARRIAGE OF REFINED PALM
OIL: EPOXY COATING IN CARGO TANK BROKEN DOWN: WHETHER BREACH OF TERM THAT CARGO
TANKS WERE TO BE "EPOXY COATED": WHETHER VESSEL UNFIT TO CARRY CARGO:
WHETHER FAILURE OF DUE DILIGENCE TO MAKE VESSEL CARGOWORTHY: WHETHER LIABILITY
EXEMPTED UNDER TERMS OF CONTRACTUAL RIGHT OF CANCELLATION
The "Pacific Vigorous"
Singapore High Court: Belinda Ang Saw Ean J: 9 June 2006; [2006] 3 SLR 374;
[2006] SGHC 103
CARRIAGE OF GOODS BY SEA: DELIVERY WITHOUT BILLS OF LADING: UNILATERAL PART
PAYMENT BY BUYER: WHETHER SELLER’S ACCEPTANCE OF PART PAYMENT AMOUNTED TO
ELECTION NOT TO SUE SHIPOWNER
R A International Ltd v The
Commissioners for HM Revenue & Customs
Special VAT Appeals Tribunal: Lady Mitting (Chairman) and Mr M Farooq:
(E01004) (2006): 29 November 2006
EXCISE DUTIES: CONSIGNMENT OF BEER TRANSPORTED UNDER MOVEMENT SUSPENSION
ARRANGEMENT FROM ENGLAND TO FRANCE: RECEIPTED ACCOMPANYING ADMINISTRATIVE
DOCUMENT ("AAD") NEVER RETURNED TO DESPATCHING WAREHOUSE: SUITABILITY
OF CMR DOCUMENT AS ALTERNATIVE EVIDENCE OF DELIVERY TO DESTINATION WAREHOUSE:
ASSESSMENT FOR UK DUTY ON THE LOAD: LIABILITY OF CARRIER AS GUARANTOR: EXCISE
DUTY POINTS (DUTY SUSPENDED MOVEMENTS OF EXCISE GOODS) REGULATIONS 2001 (SI
2001/3022) ('THE DSMEG
REGULATIONS'), REGS.3, 4 AND 7(1): HMRC NOTICE 197, S.71.1 AND S.71.2
TNT Global SpA v Denfleet
International Ltd
English Court of Appeal: Waller, Tuckey and Toulson LJJ: [2007] EWCA Civ
405: 2 May 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/405.html
ROAD HAULAGE: MEANING OF ‘WILFUL MISCONDUCT’: CONVENTION ON THE CONTRACT FOR
THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD ("THE CMR"), ARTS.29 &
32
AIC Ltd v ITS Testing Services (UK) Ltd (The
"Kriti Palm")
English Court of Appeal: Buxton and Rix LJJ, Sir Martin Nourse: [2007] 1
Lloyd’s Rep 555: 28 November 2006
INSPECTION COMPANY: CERTIFICATES OF QUALITY: FAILURE OF INSPECTION COMPANY TO
NOTIFY CLIENTS OF DEFECTS IN CERTIFICATES OF QUALITY: WHETHER FAILURE AMOUNTED
TO TORT OF DECEIT : WHETHER FAILURE AMOUNTED TO A BREACH OF DUTY: EFFECT OF
FAILURE ON S.32(1)(b) LIMITATION ACT 1980
Mediterranean Shipping Company SA v
Trafigura Beheer BV (The "MSC Amsterdam")
English Court of Appeal: Tuckey, Longmore and Lloyd LJJ: [2007] EWCA Civ
794: 27 July 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/794.html
BILL OF LADING: CONTRACT OF CARRIAGE: FRAUD: CONVERSION OF GOODS: APPLICATION OF
HAGUE RULES ("HR") OR HAGUE-VISBY RULES ("HVR"): HVR,
ART.X(a)-(c): CARRIAGE OF GOODS BY SEA ACT 1971: APPLICATION OF HR OR HVR AFTER
DISCHARGE BUT BEFORE GOODS IN RECEIVER’S CUSTODY: HR/HVR, ART.II AND
ART.III,R.2: PROPER INTERPRETATION OF THE TERMS OF THE CONTRACT OF CARRIAGE:
AWARD OF DAMAGES AT DATE OF CONVERSION OR DATE OF JUDGMENT: TORTS (INTERFERENCE
WITH GOODS) ACT 1977, S.3(2)(b): WHETHER BOTH DAMAGES AT DATE OF JUDGMENT AND
INTEREST RECOVERABLE
AIC Limited v Marine Pilot
Limited (The "Archimidis")
English Commercial Court: Gloster J: [2007] EWHC 1182 (Comm): 17 May 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2007/1182.html
VOYAGE CHARTERPARTY: SAFE PORT WARRANTY: NAMED SINGLE LOADPORT: DEADFREIGHT:
TENDER OF FULL CARGO LOAD: SILTING IN LOADPORT: VESSEL UNABLE TO LOAD FULL
CARGO: POSSIBILITY OF SHIP-TO-SHIP TRANSFER OUTSIDE LOADPORT: RIGHT TO CLAIM
DEADFREIGHT FOR SHORTFALL
STX Pan Ocean Co Limited v Ugland
Bulk Transport AS (The "Livanita")
English Commercial Court: Langley J: [2007] EWHC 1317 (Comm): 06 June 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2007/1317.html
TIME CHARTERPARTY: SAFE PORT WARRANTY: TRADING EXCLUSIONS CLAUSE: ICE DAMAGE TO
VESSEL: PROPER INTERPRETATION OF CONTRACT
High Seas
Venture Limited Partnership v Sinom (Hong Kong) Limited
English High Court: Commercial Court: HHJ Mackie QC: [2007] EWHC 673 (Comm):
29 March 2007
VOYAGE CHARTERPARTY: LAYTIME AND DEMURRAGE: STATEMENT OF FACTS: DELAY IN
LIGHTENING OPERATIONS: REASONS FOR SUSPENSION OF DISCHARGE OF VESSEL: MEANING OF
"ON THE BASIS OF": MEANING O F "MUTUALLY CONFIRMED":
SUPPORTING EVIDENCE: WEIGHT TO BE ATTRIBUTED TO CONTEMPORANEOUS EVIDENCE,
COMPARED WITH LATER RECOLLECTION OF FACTS IN WITNESS STATEMENTS
Edwinton
Commercial Corporation and Global Tradeways Ltd v Tsavliris Russ (Worldwide
Salvage and Towage) Ltd (The "Sea Angel")
English Court of Appeal: Rix, Wall and Hooper LJJ: [2007] EWCA Civ 547: 12
June 2007
Available on BAILII @ http://www.bailii.org/ew/cases/EWCA/Civ/2007/547.html
TIME CHARTERPARTY: FRUSTRATION: UNREASONABLE DETENTION OF VESSEL
BY GOVERNMENTAL AUTHORITIES: FORESEEABILITY OF DELAY: PROPER APPROACH TO
DETERMINING WHETHER A CONTRACT IS
Cosmar Shipping Co. Ltd v. SLS Trading Company Inc.
United States of America: Society of Maritime Arbitrators of New York: Thomas F.
Fox, Alexis Nichols and Manfred W. Arnold, arbitrators: SMA Award No. 3944: 24
October 2006
GENCON CHARTERPARTY: CARGO OF SCRAP: DEMURRAGE: DISCHARGING LAYTIME EXPRESSED IN
TERMS OF "WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS": MEANING OF
"WEATHER WORKING DAY": WHETHER DISCHARGE IN FACT PREVENTED BY RAIN:
DEMAND FOR SECURITY: CONSIDERATIONS FOR THE TRIBUNAL TO APPLY
Golden Strait
Corporation v Nippon Yusen Kubishka Kaisha (The "Golden Victory")
House of Lords: Lords Scott, Carswell & Brown (majority); Lords Bingham
& Walker (dissenting): [2007] UKHL 7: 28 March 2007
SHIPPING: ARBITRATION: APPEAL ON QUESTION OF LAW UNDER ARBITRATION ACT 1996,
SECTION 69: WRONGFUL TERMINATION OF LONG-TERM CHARTERPARTY: QUANTIFICATION OF
DAMAGES: WHETHER FUTURE EVENTS CAN BE TAKEN INTO ACCOUNT
(1) Izumo Mokko Co. Ltd and (2) Huiyang Shey Chang
Timber Co. Ltd v. T.S. Lines Limited
Hong Kong: Hong Kong District Court: Civil Action No. 3730 of 2005: HH Judge
Lok: 30 April 2007
SECURITY FOR COSTS: FOREIGN CORPORATIONS: DISCRIMINATION: DIFFICULTIES IN
ENFORCING JUDGMENT: FACTORS TO CONSIDER
The Owners of the Vessel "CSAV
Tokyo" v. The Owners of the Vessel "KMTC Hong Kong"
Hong Kong High Court: Admiralty Court: Waung J.: HCAJ 164/2004: 4 August
2006
ADMIRALTY: COLLISION: ADMISSION OF LIABILITY BY THE DEFENDANTS: PLAINTIFFS’
WRIT ISSUED WHEN CLAIM ALREADY TIME-BARRED: HONG KONG MERCHANT SHIPPING
(COLLISION DAMAGE, LIABILITY AND SALVAGE) ORDINANCE : EXTENSION OF TIME FOR
ISSUING WRIT: TEST TO APPLY: "GOOD REASON" MUST BE SHOWN: IGNORANCE OF
THE DEFAULTING PARTY: CONDUCT OF THE DEFENDANTS
HBC Hamburg Bulk Carriers
GMBH & Co KG v Tangshan Haixing Shipping Co Ltd (The "Fu Ning Hai")
English High Court: Commercial Court: Morison J: [2006] EWHC 3250 (Comm): 15
December 2006
TIME CHARTERPARTY: OFF-HIRE: RIGHT OF CANCELLATION IF OFF-HIRE EXCEEDS 30 DAYS:
EFFECT OF AGREEMENT TO VOYAGE OUTSIDE SCOPE OF CHARTER: WHETHER SUCH AN
AGREEMENT AMOUNTS TO "ANY OTHER CAUSE WHATSOEVER PREVENTING THE WORK OF THE
VESSEL UNDER THE OFF-HIRE CLAUSE: ARBITRATION ACT 1996, S.68(2) AND S.69
T. Comedy (U.K.) Limited v. Easy
Managed Transport Limited
English High Court: Queen’s Bench Division: Commercial Court: Jonathan
Hirst QC sitting as a Deputy Judge: 28 March 2007
CARRIAGE OF GOODS BY ROAD: CMR CONVENTION: ROAD HAULAGE ASSOCIATION CONDITIONS
OF CARRIAGE AND OF STORAGE: INCORPORATION OF RHA CONDITIONS IN CARRIAGE
CONTRACT: LIEN PROVISIONS: GENERAL AND PARTICULAR LIENS: OWNERSHIP OF THE GOODS
LIENED: WHETHER GENERAL LIEN COMPATIBLE WITH ART.13.2 OF CMR: WHETHER ART.13.2
LIEN OPERATES WHERE CARRIAGE CHARGES NOT SHOWN ON CONSIGNMENT NOTE
1.
International Transportation Service Inc. v. The Owners of the vessels
"Convenience Container", "Kingdom Container" and
"Liberty Container" ;2. Rudolf A. Oetker KG v. The Owners of the
Vessels "Convenience Container", "Kingdom Container",
"Liberty Container" and "Mandarin Container"
Hong Kong High Court: Court of First Instance, Admiralty Action No. 150,
151, 153, 268, 270, 271 and 272 of 2003: Waung J.: 5 June 2006
MEANING OF BENEFICIAL OWNERSHIP ON LIQUIDATION: INTER-ACTION BETWEEN HONG KONG
ADMIRALTY JURISDICTION AND INSOLVENCY LAW: CROSS-BORDER EFFECT OF LIQUIDATION
1) Zhoushan
Xinhong Aquatic Co. Ltd. (2) Kyoritsu Shoji Co. Ltd. v. (1) Sino Trans Limited
(2) China Shipping Container Lines (Hong Kong) Co. Ltd
Hong Kong District Court: Civil Action No. 540 of 2006: Judge H.C.Wong: 4
August 2006
Mr. Kerry of Messrs Crump & Co., for the Plaintiffs
Mr. Colin Wright, instructed by Messrs. Richards Butler, for the first Defendant
ADMIRALTY: STAY OF PROCEEDING: BILL OF LADING CONTAINING A FOREIGN JURISDICTION
CLAUSE: FACTORS TO CONSIDER
Starlight Exports Limited and
Star Light Electronics Company Limited v. CTO (HK) Limited
Hong Kong High Court, Court of First Instance, Commercial Action No. 255 of
2004. Reyes J. 19 July 2006
CARRIAGE OF GOODS BY SEA: SALE ON FOB TERMS: BILL OF LADING MARKED "TO
ORDER OF SHIPPER": CARRIER INSTRUCTED NOT TO RELEASE GOODS SAVE ON
PRODUCTION OF FULL SET OF BILLS OF LADING: CARGO RELEASED CONTRARY TO
INSTRUCTIONS: LIABILITY OF CARRIER: 9 MONTHS TIME LIMIT UNDER BILL OF LADING:
MEANING OF "DELIVERY"
FONG YAU HEI v.
(1) GAMMON CONSTRUCTION LIMITED (2) TUNG SHUN TRANSPORTATION & ENGINEERING
LIMITED (3) CHENG KAN HO (4) LEUNG SIU WING (THE "SHUN KING 6")
High Court of Hong Kong, Court of First Instance: Mr Recorder B Yu SC:
Personal Injuries Action No. 1222 of 2003: [2006] HKCFI 57
PERSONAL INJURY: INJURIES SUSTAINED IN COURSE OF SHIPBOARD EMPLOYMENT: CLAIM FOR
COMPENSATION: LIMITATION OF LIABILITY UNDER THE MERCHANT SHIPPING (LIMITATION OF
SHIPOWNERS LIABILITY) ORDINANCE : THE CONVENTION ON LIMITATION OF LIABILITY FOR
MARITIME CLAIMS: WHETHER SHIPOWNER ENTITLED TO LIMITATION OF LIABLITY:
EXCEPTIONS: EMPLOYEES COMPENSATION ORDINANCE: Control
of Exemption Clauses Ordinance
Independent
Petroleum Group Limited v Seacarriers "Count" Pte Limited (The "Count")
English Commercial Court: Toulson J: [2006] EWHC 3222 (Comm): 12 December
2006
VOYAGE CHARTER: UNSAFE PORT: WHETHER PREVAILING CONDITIONS AMOUNTED TO A
TEMPORARY HAZARD
Cargo interests on board MV "Cita" v. Time-charterers of MV "Cita"
Federal Supreme Court (Bundesgerichtshof – BGH); 26 October 2006 – I ZR
20/04
(see also DMC Case Note DMC/04//10 for the lower
instance decision of the Hanseatic Court of Appeal of Hamburg)
Sinking of vessel because watch keeper
asleep and watch alarm switched off: exclusion of liability for error in
navigation –- s.607.2.1 German Commercial Code (Handelsgesetzbuch - HGB)
Transfield Shipping Inc
of Panama v Mercator Shipping Inc of Monrovia (The "Achilleas")
English Commercial Court: Christopher Clarke J: [2006] EWHC 3030 (Comm): 1
December 2006
TIME CHARTERPARTY: LATE REDELIVERY: FAILURE TO DELIVER WITHIN LAYCAN OF NEXT
FIXTURE: RENEGOTIATION OF HIRE RATE FOR NEXT FIXTURE IN ACCORDANCE WITH LOWER
PREVAILING MARKET RATES: CONSEQUENTIAL LOSS OF HIRE: RECOVERABILITY OF DAMAGES:
REMOTENESS OF LOSS
Owners
and/or Demise Charterers of the m/v "Eleftheria" v Owners and/or
Demise Charterers of the m/v "Hakki Deval"
English Commercial & Admiralty Court: David Steel J (sitting with
Captain Ian Gibb and Captain Nigel Pryke as Nautical Assessors): [2006] EWHC
2809 (Comm): 9 November 2006
COLLISION: ADMIRALTY PRACTICE: CASE MANAGEMENT CONFERENCE ORDERS: ADMISSIBILITY
OF SEAMANSHIP AND NAVIGATIONAL EXPERT EVIDENCE IN ADDITION TO ASSISTANCE OF
NAUTICAL ASSESSORS: COLLISION REGULATIONS, RULE 19
Asoma Corp. v. SK Shipping Co.,
Ltd.
United States of America: United States Court of Appeals for the Fifth
Circuit: 2006 U.S. App. LEXIS 26427: 24 October 2006
Charterparty: Bills of Lading: damage to
Cargo: claim by assignee of charterer: Conflicting Forum Selection Clauses:
whether charterparty or bill of lading governs
Sompo Japan Insurance Company of
America, v. Union Pacific Railroad Company
Unites States of America; United States Court of Appeals For The Second
Circuit; Wesley and Hall, Circuit Judges, and Trager, District Judge; 2006 U.S.
App. LEXIS 17385; July 10 2006
CARRIAGE OF GOODS: SHIPMENT UNDER INTERMODAL-THROUGH BILL OF LADING: APPLICATION
OF US CARRIAGE OF GOODS BY SEA ACT 1935: HIMALAYA CLAUSE: CARMACK AMENDMENT:
WHETHER STATUTORY PROVISION OVERRIDES CONTRACTUAL TERMS
Carewins Development (China) Ltd v
Bright Fortune Shipping Ltd
Hong Kong Court of First Instance: Stone J: HCCL 49/2004 & HCCL 50/2004:
27 July 2006
STRAIGHT BILLS OF LADING: MISDELIVERY OF GOODS: PRESENTATION RULE: EXEMPTION OF
CARRIERS’ LIABILITY FOR MISDELIVERY: MEANING OF "DISCHARGE":
HAGUE/HAGUE-VISBY RULES, ART.I(E), ART.II AND ART.III, RULE 8
Law Society v Sephton & Co (a
firm)
England: House of Lords: Lords Hoffmann, Scott, Rodger, Walker and Mance:
[2006] UKHL 22: 10 May 2006
PROFESSIONAL NEGLIGENCE: PERIOD OF LIMITATION: PURELY CONTINGENT LIABILITY:
COMMENCEMENT OF THE RUNNING OF TIME: FULFILMENT OF CONTINGENCY BEFORE TIME
COMMENCES TO RUN: LIMITATION ACT 1980, S.2 AND S.14A
Ullises Shipping Corporation v
Fal Shipping Co Ltd (The "Greek Fighter")
English Commercial Court: Colman J: [2006] EWHC 1729 (Comm): 14 July 2006
TIME CHARTERPARTY: DETENTION, CONFISCATION AND SALE OF VESSEL BY PUBLIC
AUTHORITY FOR ALLEGED CARRIAGE OF UNLAWFUL CARGO: LIABILITY OF CHARTERER TO
COMPENSATE SHIPOWNER FOR LOSS OF VESSEL: PROXIMATE CAUSE OF LOSS: LAWFUL CARGO
WARRANTY: INDEMNITY CLAUSE: EXPRESS AND IMPLIED SAFE PORTS WARRANTY:
INCORPORATED SHELLTIME 4 FORM, CL.4, CL.13(A), CL.27(A) AND CL.28
The "Mezen"
Singapore High Court: Daphne Hong Fan Sin AR: [2006] SGHC 35: 23 February
2006
Invocation of ADMIRALTY JURISDICTION:
Whether equipment onboard a ship within scope of "goods carried in a
ship"
Galaxy Special Maritime Enterprise v. Prima Ceylon (the MV Olympic
Galaxy)
English Court of Appeal (Civ Div):Mummery, Buxton and Longmore LJJ: [2006] EWCA
Civ 528: 3 May 2006
CONFLICT OF LAWS: SHIPPING: GENERAL AVERAGE: GENERAL AVERAGE BOND: WHETHER BOND
WAS GOVERNED BY ENGLISH LAW: WHETHER ENGLAND WAS THE APPROPRIATE FORUM
Oceanografia SA DE CV v DSND Subsea AS
(The "Botnica")
English High Court: Queen’s Bench Division: Commercial Court: Aikens J:
[2006] EWHC 1360 (Comm): 12 June 2006
TIME CHARTERPARTY: FORMATION OF CONTRACT: ARBITRATION CLAUSE: JURISDICTION OF
ARBITRATOR TO HEAR CLAIM: CONTRACT "SUBJECT TO SIGNING" BY BOTH
PARTIES: FAILURE TO SIGN CONTRACT: PARTIES PROCEEDED TO PERFORM CONTRACT: WAIVER
BY ELECTION OF "SUBJECT TO SIGNING" PROVISION
Select
Commodities Ltd v Valdo SA (The "Florida")
English High Court; Queen’s Bench Division: Tomlinson J.: [2006] EWHC 1137
(Comm): 26 May 06
VOYAGE CHARTERPARTY "FOR DISCHARGE ONE SAFE BERTH LAGOS": SUPERVENING
ILLEGALITY OF DISCHARGING VEGOIL CARGO AT LAGOS BEFORE CARGO DESIGNATED AND
BROUGHT FORWARD FOR LOADING: CANCELLATION OF CONTRACT BY CHARTERER: FRUSTRATION:
SCOPE OF LIBERTY CLAUSE: VEGOILVOY FORM, CL.29(A)
Edwinton Commercial Corporation and another
v Tsavliris Russ (Worldwide Salvage & Towage) Ltd (The "Sea
Angel")
English High Court: Queen’s Bench Division: Commercial Court: Gross J: [2006]
EWHC 1713 (Comm): 26 July 2006
TIME CHARTERPARTY "FOR UP TO 20 DAYS": CLAIM FOR HIRE:
UNREASONABLE DETENTION OF VESSEL: FRUSTRATION: FORESEEABILITY OF DELAY: DELAY A
NORMAL INCIDENT OF MARITIME ADVENTURE: SHELLTIME 4 FORM, CL.7
Royal & Sun Alliance Insurance
plc and another v MK Digital FZE (Cyprus) Ltd and others
English Court of Appeal: Auld, Rix
and Maurice Kay LJJ: [2006] EWCA
Civ 629: 17 May 2006
ROAD TRANSPORT: FREIGHT FORWARDER ("COMMISSIONNAIRE DE TRANSPORT"):
THEFT OF GOODS IN TRANSIT: PROPER JURISDICTION OF DISPUTE: ACTION
"PENDING": COURT "FIRST SEIZED": DOMICILE: PLACE OF
PERFORMANCE: CMR CONVENTION, ART.31: CARRIAGE OF GOODS BY ROAD ACT 1965: EC
JURISDICTION REGULATION 44/2001, ART.30: BRUSSELS CONVENTION, ARTS.2 AND 5:
CIVIL JURISDICTIONS AND JUDGMENTS ACT 1982, S.42
Dadourian Group International Inc v
Simms and Others
English Court of Appeal: Ward, Arden and Moore-Bick LJJ: [2006] EWCA Civ
399: 11 April 2006
WORLDWIDE FREEZING ORDER ("WFO"): APPLICATION FOR PERMISSION TO
ENFORCE WFO ABROAD: GUIDANCE FOR CONSIDERING WFO ENFORCEMENT APPLICATIONS
L J Korbetis v Transgrain Shipping BV (The
“Alexia M”)
English High Court (Queen’s Bench Division): Toulson J: [2005] EWHC 1345 (QB):
17 June 2005
LONDON ARBITRATION CLAUSE: AMENDED CENTROCON FORM: APPOINTMENT OF ARBITRATOR:
ARBITRATOR’S JURISDICTION TO HEAR CLAIM: RELIEF FOR LATE COMMENCEMENT OF
ARBITRATION PROCEEDINGS: ARBITRATION ACT 1996, S.32 AND S.12(3)1:
OFFER AND ACCEPTANCE OF NOMINATED ARBITRATOR: COMMUNICATION OF ACCEPTANCE:
EFFECT OF TIME BAR
Travel Wizard, Claimant and Cross
Respondent (Charterer) v. Clipper Cruise Line, Inc. Respondent and Cross
Claimant (Owner) – The Clipper Odyssey
United States of America: Society of Maritime Arbitrators of New York,
Inc.; R. Glenn Bauer, Esq., Howard M. McCormack, Esq. and Charles Bennett, Esq.
Arbitrators Number 3906, December 2, 2005
CHARTERPARTY: CRUISE VESSEL: WITHDRAWAL FOR NON PAYMENT OF HIRE; FORCE
MAJEURE: EFFECT OF EVENTS OF SEPTEMBER 11, 2001: ECONOMIC CONSEQUENCES:
REMOTENESS
Tidebrook
Maritime Corporation v Vitol SA of Geneva (The "Front Commander")
English Court of Appeal: Rix, Scott Baker and Buxton, LJJ: [2006] EWCA Civ
944: 05 July 2006
VOYAGE CHARTERPARTY: ASBATANKVOY FORM AMENDED BY INCORPORATION OF VITOL VOYAGE
CHARTERING TERMS: EFFECT OF AMENDMENTS: COMMENCEMENT OF LAYTIME: CONSENT TO
LAYTIME COMMENCING PRIOR TO LAYDAYS: CALCULATION OF LAYTIME: CREDITING OF TIME
SAVED TO LAYTIME 50/50 BETWEEN CHARTERERS/OWNERS
Stolt-Nielsen SA v.
Animalfeeds International Corp.
United States of America: District Court for the Southern District of New
York: District Judge: Jed S. Rakoff: No. 06 Civ. 420 (JSR): 26 June 2006
Arbitration: class arbitration: Whether
class arbitration permitted where charterparty arbitration clause silent on the
point: manifest disregard of the law: federal maritime law: new york state law
Barker v Corus
(UK) plc and two other cases
England: House of Lords: Lords Hoffmann, Scott, Rodger and Walker and
Baroness Hale: [2006] UKHL 20: 3 May 2006
MESOTHELIOMA: NEGLIGENT EXPOSURE TO ASBESTOS BY MORE THAN ONE EMPLOYER AND BY
CLAIMANT HIMSELF: "INDIVISIBLE" INJURY: CLAIMANT UNABLE TO PROVE WHICH
EXPOSURE CAUSED DISEASE TO DEVELOP: CONTRIBUTORY NEGLIGENCE: THE PRINCIPLE IN
FAIRCHILD V. GLENHAVEN FUNERAL SERVICES LTD [2002] UKHL 22: WHETHER FULL RIGOUR
OF JOINT AND SEVERAL LIABILITY SHOULD PREVAIL: WHETHER FAIRER TO ATTRIBUTE
LIABILITY IN PROPORTION TO RELATIVE DEGREE OF CONTRIBUTION TO THE RISK OF
DISEASE BEING CONTRACTED: ‘DIVISIBLE’ DAMAGE
Haward & Others v
Fawcetts & Others
English House of Lords: Lords Nicholls, Scott, Walker, Brown and Mance:
[2006] UKHL 9: 5 June 2006
PROFESSIONAL NEGLIGENCE: LIMITATION PERIOD FOR CLAIM: S.14(A) LIMITATION ACT
1980: WHAT KNOWLEDGE IN THE CLAIMANT WILL START LIMITATION PERIOD RUNNING: IS
KNOWLEDGE THAT HE HAS A CLAIM REQUIRED OR DOES ENOUGH KNOWLEDGE TO INVESTIGATE
THE POSSIBILITY OF A CLAIM SUFFICE?
Exfin Shipping
(India) Ltd Mumbai v Tolani Shipping Co Ltd Mumbai
English Commercial Court: Langley J: [2006] EWHC (Comm): 17 May 2006
APPLICATION TO SET ASIDE ARBITRATION AWARD: ARBITRATION ACT 1996, S. 67(1):
JURISDICTION OF ARBITRATOR TO HEAR CLAIM: PROPER CONSTRUCTION OF ARBITRATION
CLAUSE: MEANING OF "ANY DISPUTE": WHETHER REFUSAL TO PAY A SUM
ADMITTED AS DUE IS A "DISPUTE"
Crowley Marine Services Inc. v.
Maritrans Operating Company LP
United States Court of Appeals for the Ninth Circuit, opinion by Hon. M.
Margaret McKeown, Docket No. 04-35724, 2006 U.S. App. LEXIS 11368 (9th Cir. May
8, 2006)
COLLISION REGULATIONS: SPECIAL CIRCUMSTANCES UNDER RULE 2(B): WHETHER OPERATING
IN CONCERT IN ACCORDANCE WITH AGREED MANEUVRES CONSTITUTES SPECIAL CIRCUMSTANCES
Bernuth Lines Ltd v High Seas
Shipping Ltd
English High Court, Queen’s Bench Division, Commercial Court: Christopher
Clarke J.: [2005] EWHC 3020 Comm: 21 December 2005
ARBITRATION: ARBITRATION ACT 1996, S.76(4): SERVICE BY ANY EFFECTIVE MEANS:
WHETHER SERVICE BY EMAIL AN "EFFECTIVE MEANS": LONDON MARITIME
ARBITRATORS ASSOCIATION’S SMALL CLAIMS PROCEDURE ("SCP"): CLAIM
BELOW US$50,000 BUT COUNTERCLAIM ABOVE US$50,000:WHETHER SCP APPROPRIATE
(1) Jet Holding Ltd, (2) Jet Shipping Ltd (3) Jet Drilling (S) Pte Ltd and (4)
Maurel et Prom v. (1) Cooper Cameron (Singapore) Pte Ltd and (2) Stork
Technology Services Asia Pte Ltd
Singapore High Court: Belinda Ang Saw Ean J.: [2005] SGHC 149: 22 August 2005
BREACH OF CONTRACT: NEGLIGENCE: NEGLIGENT MISSTATEMENT: TITLE TO SUE: IMPLIED
TERMS: FAILURE TO DOCUMENT PROOF OF DAMAGES
AIC Ltd v ITS Testing
Services (UK) Ltd
English High Court, Commercial Court: Cresswell J.: [2005] EWCA Comm. 2122:
7 December 2005
INSPECTION COMPANY: CERTIFICATES OF QUALITY: FAILURE OF INSPECTION COMPANY TO
TAKE REASONABLE CARE TO ENSURE CONTENTS OF CERTIFICATE ACCURATE: BREACH OF DUTY:
FAILURE OF INSPECTION COMPANY TO NOTIFY CLIENTS OF DEFECTS IN CERTIFICATES:
DECEIT : DAMAGES
Aer Lingus v (1)
Gildacroft Ltd (2) Sentinel Lifts Ltd
English Court of Appeal: Sir Anthony Clarke MR, Rix and Moore-Bick LJJ:
[2006] EWCA Civ 4: 17 January 2006
CONTRIBUTION UNDER THE CIVIL LIABILITY (CONTRIBUTION) ACT 1978: WHETHER TIME
LIMIT UNDER S.10 LIMITATION ACT 1980 RUNS FROM DATE OF DETERMINATION OF
LIABILITY OR FROM DATE OF DETERMINATION OF QUANTUM, IF LATER
Kamilla Hans-Peter Eckhoff KG v AC Oerssleff’s EFTF A/B (The
"Kamilla")
English Commercial Court: Morison J.: [2006] EWHC 509 (Comm): 15 March 2006
TIMECHARTERPARTY ON AMENDED NYPE FORM 1946, INCORPORATING INTER-CLUB AGREEMENT
("ICA"): UNSEAWORTHY VESSEL: MINOR SEAWATER WETTING OF CARGO:
REJECTION OF WHOLE CARGO BY LOCAL AUTHORITIES AT DISCHARGE PORT: WHETHER LOSS
"DUE TO UNSEAWORTHINESS" UNDER ICA: CAUSATION OF LOSS: REMOTENESS OF
LOSS
Parsons
Corporation and Six Others v. Scheepvartonderneming Happy Ranger (the
"Happy Ranger")
English High Court, Commercial Division: Gloster J.: [2006] EWHC 122 (Comm):
9 February 2006
SHIPPING: CARGO DAMAGE: FAILURE OF CRANE HOOK: HAGUE-VISBY RULES: WHETHER
SHIPOWNER HAD EXERCISED DUE DILIGENCE TO MAKE THE SHIP SEAWORTHY UNDER ARTICLE
III RULE 1: WHETHER DUTY TO EXERCISE DUE DILIGENCE ATTACHES BEFORE DELIVERY OF
SHIP TO SHIPOWNER: WHETHER LOADING CARRIED OUT PROPERLY AND CAREFULLY UNDER
ARTICLE III RULE 2: ROLE OF CLASSIFICATION SOCIETY
Anton Durbeck GmbH v Den
Norske Bank ASA
English High Court: Commercial Division: Clarke J.: 11 November 2005
DEFAULT UNDER SHIP MORTGAGE: ARREST BY MORTGAGEE: JUDICIAL SALE OF SHIP: TOTAL
LOSS OF PERISHABLE CARGO: WHETHER MORTGAGEE LIABLE TO CARGO OWNER: PROPER LAW:
POSITION UNDER LAW OF PANAMA: WHETHER ARREST IN BAD FAITH OR MADE WITH INTENTION
OF HARMING CARGO OWNER: WHETHER ARREST REASONABLE: POSITION HAD ENGLISH LAW
APPLIED
Treasure Valley Group Ltd v Saputra Teddy and Another (Ultramarine Holdings Ltd,
intervener)
Singapore High Court: Belinda Ang Saw Ean J: [2005] SGHC 217: 21 November 2005
Admiralty: Whether VESSEL WAS WRONGFULLY
ARRESTED: Whether Warrant of Arrest can be set aside after the vessel has been
sold pendente lite : DOCTRINE OF APPROBATION AND REPROBATION
Fujitsu Computer Products Corp v Bax Global Inc
English Commercial Court: Christopher Clarke J.: [2005] EWHC 2289 (Comm): 09
November 2005
CARGO STOLEN FROM AIR CARRIER: HOUSE AIR WAYBILL (HAWB): WHETHER CARRIER CAN
LIMIT LIABILITY: WARSAW CONVENTION (AS AMENDED BY THE HAGUE PROTOCOL 1955):
CARRIAGE BY AIR ACT 1961, SCHEDULE 1: WHETHER HAWB CONTAINED NOTICE REQUIRED BY
ART.8(c)
Compania Sud American Vapores v
MS ER Hamburg Schiffahrtsgesellschaft mbH & Co KG (The "ER
Hamburg")
English Commercial Court: Morison J.: [2006] EWHC 483 (Comm): 14 March 2006
TIME CHARTER: AMENDED NYPE FORM: CLAUSE 8 – "CHARTERERS ARE TO LOAD, STOW
… THE CARGO … UNDER THE SUPERVISION OF THE CAPTAIN": PROPER
CONSTRUCTION: DANGEROUS CARGO STOWED NEAR HEATED BUNKER TANK: UNSEAWORTHINESS:
EXPLOSION: DAMAGE TO VESSEL AND CARGO: WHETHER OWNERS OWED CHARTERERS A DUTY TO
INTERVENE IN STOWAGE TO ENSURE SEAWORTHINESS OF SHIP: WHETHER OWNERS HAD A
DEFENCE UNDER ART. IV.2(a) OF HAGUE/HAGUE-VISBY RULES THAT CLAIM AROSE FROM
"ACT, NEGLECT OR DEFAULT … IN THE MANAGEMENT OF THE SHIP"
SHV Gas Supply
& Trading SAS v Naftomar Shipping & Trading Co Ltd
English High Court: Commercial Division: Clarke J.: [2005] EWHC 2528 Comm.:
15 November 2005
SALE OF GOODS: SHIPPING: CIF SALE CONTRACT: WHETHER LAYCAN PROVISION A SHIPMENT
PERIOD: SHIPMENT WITHIN A REASONABLE TIME: FORCE MAJEURE CLAUSE: WHETHER CLAUSE
EFFECTIVE TO PREVENT CANCELLATION: WHETHER NOTICE PROVISION A CONDITION
PRECEDENT: ESTIMATED TIMES OF ARRIVAL AT DISCHARGE PORTS: WHETHER BASED ON
REASONABLE GROUNDS: NEED TO MAKE REASONABLE ENQUIRIES
Rosewood Trucking Ltd
v Brian Balaam
English Court of Appeal (Civ Div): Tuckey, Neuberger LJJ.: 4 November 2005
CARRIAGE BY ROAD: CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF
GOODS BY ROAD – "CMR": SUCCESSIVE CARRIERS: INDEMNITY PAID TO FIRST
CARRIER BY INTERMEDIATE CONTRACTING CARRIER UNDER SUB-CONTRACT: WHETHER
INTERMEDIATE CARRIER ENTITLED TO RECOVER FROM CARRIER RESPONSIBLE FOR LOSS:
WHETHER PAYMENT MADE "IN COMPLIANCE WITH PROVISIONS OF" CMR CONVENTION
ART.37
Datec Electronic Holdings Ltd
and Another v United Parcels Services Ltd
English Court of Appeal: Brooke LJ (V-P), Sedley and Richards LJJ.: 29
November 2005
CONTRACT FOR THE CARRIAGE OF GOODS BY ROAD: CARRIER’S TERMS EXCLUDE CARRIAGE
OF CONSIGNMENTS ABOVE A CERTAIN VALUE: CARRIER’S LIABILITY WHERE SUCH
CONSIGNMENT IN FACT CARRIED AND NOT DELIVERED: CMR CONVENTION: WHETHER CONTRACT
EXISTS TO WHICH CMR APPLIES: WHETHER CARRIER ENTITLED TO LIMIT LIABILITY UNDER
CMR: WHETHER LOSS DUE TO CARRIER’S "WILFUL MISCONDUCT" RENDERING
LIMIT OF LIABILITY INAPPLICABLE
Ericsson Limited and Ericsson
Mobile Communications AB v. (1) KLM Royal Dutch Airlines (2) KLM Cargo (3) ASG
Air & Sea AB (4) APC Asia Pacific Cargo (H.K.) Ltd (5) Hong Kong Air Cargo
Terminals Ltd (6) Jardine Airport Services Ltd v. KLM Royal Dutch Airlines and
KLM Cargo (Third Parties)
Hong Kong: High Court: Court of First Instance, Commercial Action Nos. 202
of 1999 and 2 of 2000: Stone J
CARRIAGE BY AIR : THE AMENDED WARSAW CONVENTION AND GUADALAJARA CONVENTION:
THEFTS OF CONSIGNMENTS DURING CARRIAGE: LIMITATION OF LIABILITY OF THE ACTUAL
CARRIER AND CONTRACTUAL CARRIER AND THEIR SERVANTS OR AGENTS: BREAKING THE
LIMIT: WHETHER CLAIM AROSE FROM ACT DONE "WITH INTENT TO CAUSE
DAMAGE": QUANTUM
Antara Koh Pte Ltd v. Eng Tou Offshore Pte Ltd
Singapore High Court: Belinda Ang Saw Ean J: [2005] SGHC 166: 5 September 2005
LIMITATION: SECTION 136 OF THE MERCHANT SHIPPING ACT: WHETHER LOSS OCCURRED
WITHOUT ACTUAL FAULT OR PRIVITY OF OWNER
The "Inai Selasih"
Singapore High Court: Belinda Ang Saw Ean J: [2005] SGHC 132: 25 July 2005
ADMIRALTY: ARREST: WHETHER CLAIM FELL WITHIN HIGH COURT ADMIRALTY JURISDICTION:
WHETHER DEFENDANT WAS CHARTERER OF, IN POSESSION OR IN CONTROL OF SHIP: WHETHER
ARREST WAS WRONGFUL
Hackwood Ltd v Areen Design Services Ltd
English High Court: Technology & Construction Court; Mr Justice Field;
[2005] EWHC 2322 (TCC); 31 October 2005
CONSTRUCTION Contract: what was the contract?: DID IT CONTAIN
arbitration AGREEMENT: pERSON TAKING NO PART IN Arbitration PROCEEDINGS: RIGHTS
UNDER S.72 ARBITRATION Act 1996: WHETHER PERSON DEBARRED FROM TAKING PART IN
ARBITRATION PROCEEDINGS IF APPLICATION FOR RELIEF UNDER S.72 FAILS
A.S.M Shipping Ltd of India v T.T.M.I Ltd of England
English High Court: Commercial Division: Morison J.:
[2005] EWHC 2238 (Comm): 19 October 2005
Charterparty; Arbitration; Arbitration Act 1996; possibility of
bias: section 68; serious irregularity/SUBSTANTIAL INJUSTICE: SERIOUS
allegations IN PREVIOUS CASE against witness REGARDING DISCLOSURE: ARBITRATOR’S
KNOWLEDGE OF AND INVOLVEMENT IN PREVIOUS CASE; section 24; removal of
arbitrator; WHETHER CLAIMANT HAD WAIVED ITS RIGHT TO OBJECT UNDER S.73
Primetrade AG v Ythan Limited (The "Ythan")
English Commercial Court: Justice Aikens: [2005] EWHC 2399 (Comm): 1 November
2005
SHIPOWNERS CLAIM AGAINST BILLS OF LADING HOLDER FOLLOWING LOSS OF VESSEL:
CARRIAGE OF GOODS BY SEA ACT 1992, SECTIONS 2(1), 2(2), 3(1), 5(2) AND 5(4):
MEANING OF "HOLDER", "TRANSACTION" AND "MAKING A
CLAIM": LONDON ARBITRATION CLAUSE INCORPORATED INTO BILLS OF LADING:
ARBITRATION ACT 1996, SECTIONS 67 AND 73: MEANING OF "ANY OBJECTION"
AND "THAT OBJECTION": RIGHT TO ADDUCE ADDITIONAL EVIDENCE IN SUPPORT
OF EXISTING OR NEW OBJECTION ON APPEAL
Amarantos Shipping Co
Ltd v The State of South Australia
Australia: Supreme Court of South Australia: Doyle CJ., Perry and White JJ.:(2004)
183 FLR 98: 15 September 2004
SHIPPING AND NAVIGATION: COLLISION OF VESSEL WITH JETTY WHILE UNDER COMPULSORY
PILOTAGE: LIABILITY OF SHIPOWNER FOR ACTS OF PILOT: LIMITATION OF LIABILITY:
IMPERIAL, STATE AND COMMONWEALTH LAWS: INCONSISTENCY OF LAWS: PRIMACY OF
COMMONWEALTH ENACTMENTS
Transportes Coal-Sea
de Venezuela C.A., as owners of the Hopper Barge TCSV-2, v. Ship Management
& Transport of Limassol, as agents for the owners of the m.v.
""Somerset"" ("SMT")
United States of America: Society of Maritime Arbitrators of New York Inc.:
Raymond J. Burke, Jr. (Chair), Manfred W. Arnold and Louis P. Sheinbaum; 3892,
July 28, 2005
RESPONSIBILITY FOR UNMANNED BARGE SINKING ALONGSIDE SHIP DURING CARGO TRANSFER
OPERATIONS: WHETHER BARGE SUBJECT OF A MARITIME BAILMENT: EXCLUSIVE POSSESSION
AND CONTROL: : BURDEN OF PROOF: WHETHER BARGE SEAWORTHY: WHETHER SHIP SEAWORTHY:
WHETHER SHIP’S COMPLEMENT NEGLIGENCE
Mora Shipping Inc v Axa
Corporate Solutions Assurance SA and others
English Court of Appeal: Ward, Clarke and Neuberger LJJ.: [2005] EWCA Civ
1069: 28 July 2005
SHIPPING: GENERAL AVERAGE: GUARANTEES: INSURANCE : JURISDICTION: COUNCIL
REGULATION 44/2001: LUGANO CONVENTION 1988: PLACE OF PERFORMANCE:
PAYMENT TO BE MADE TO "THE SHIPOWNERS OR TO THE AVERAGE ADJUSTERS":
AVERAGE ADJUSTERS IN LONDON, SHIPOWNERS ABROAD: WHETHER SHIPOWNERS OR CARGO
INSURERS ENTITLED TO EXERCISE OPTION
Galaxy Special
Maritime Enterprise v Prima Ceylon Ltd
English Commercial Court: Arthur Marriott QC, sitting as Deputy Judge: 15
July 2005
SHIPPING: GENERAL AVERAGE: GENERAL AVERAGE BOND: PROPER LAW OF LLOYD'S AVERAGE
BOND: CONFLICT OF LAWS: FORUM NON CONVENIENS
Golden Strait Corporation v. Nippon Yusen Kubishiki Kaisha
English Court of Appeal: Auld & Tuckey LJJ., Lord Mance: (2005]
EWCA Civ 1190: 18 October 2005
SHIPPING: Arbitration: appeal ON
question of law UNDER section 69, ARBITRATION ACT 1996: WRONGFUL termination of
LONG-TERM charterparty: QUANTIFICATION of damages: WHETHER FUTURE EVENTS
CAN BE TAKEN INTO ACCOUNT: WHETHER SUCH EVENTS MUST BE ‘INEVITABLE’ OR
MERELY PROBABLE
Vestoil, Ltd. v. M/V
"M Pioneer"
United States: Court of Appeals for the Eleventh Circuit: Circuit Judges:
Birch, Carnes and Barkett: D.C. Docket No. 04-00770-CV-ORL-19-DAB: (Designated
Not for Official Publication): 19 September 2005
Maritime lien: Rule C: vessel arrest: in
rem jurisdiction: provision of bunkers: choice of law: Greek Law: whether greek
law provides a maritime lien for necessaries: whether maritime lien can be
created by contract
Carisbrooke Shipping CV5 v Bird Port Limited (The "Charlotte C")
English Commercial Court: Nigel Teare QC: [2005] EWHC 1974 (Admlty): 13 September
2005
DAMAGE TO SHIP BY CONTACT WITH SUBMERGED OBJECT IN BERTH: NEGLIGENCE: DUTY OF
CARE: REQUIREMENTS TO DISCHARGE DUTY OF CARE: QUANTIFICATION OF DAMAGES: LOSS OF
FREIGHT: SUPERINTENDENT’S COSTS: "AGENCY" FEE OF 1% OF QUANTUM
Surefire Systems Limited v. Guardian ECL Limited
English High Court, Queen's Bench Division, Technology and Construction Court;
Mr Justice Jackson; [2005] EWHC 1860 (TCC); Case No: HT-05-183; 18 August 2005
Arbitration: construction: disputes over
final account: Arbitration Act
1996: leave to appeal ("LTA"): section 69: questions of law: whether
requirements of section met: extensions of time: section 70(3): section 80(5)
UCO Bank v Golden Shore Transportation Pte Ltd [2005] SGCA 42
Singapore Court of Appeal: Chao Hick Tin JA, Judith Prakash J.: 14 September
2005
CARRIAGE OF GOODS BY SEA –TITLE TO SUE UNDER BILLS OF LADING – MEANING OF
HOLDER AND "GOOD FAITH" UNDER SINGAPORE BILLS OF LADING ACT 1994–
WHETHER CONSIGNEE A HOLDER WITHOUT ENDORSEMENT IN ITS FAVOUR
VASTFAME CAMERA LIMITED v. (1) BIRKART GLOBISTICS LIMITED (formerly BIRKART-EAST
WEST FREIGHT LIMITED) (2) MOIROUD S.A. (3) ARIES WORLD MARITIME S.A. (4) H.P.I.
FRANCE and MOIROUD S.A. (Third Party)
Hong Kong: High Court of the Hong Kong, Court of First Instance: Stone J.:
Commercial Action No.63 of 2002: 5 October 2005
SHIPPING: SALE ON FOB TERMS: "ORDER" BILL OF LADING ISSUED BY FREIGHT
FORWARDER: RELEASE OF GOODS BY THIRD PARTY WITHOUT PRODUCTION OF B/L: CLAIM BY
SELLER UNDER B/L: WHETHER FREIGHT FORWARDER ACTING AS PRINCIPAL/CONTRACTUAL
CARRIER OR AS AGENT: WHETHER ENTITLED TO RELY ON EXCLUSION/LIMITATION CLAUSES IN
B/L: RIGHT OF INDEMNITY FROM THIRD PARTY
In re M/V DG Harmony and Consolidated Cases
United States: Federal Court for the Southern District of New York: Chin
DJ.: No. 98 Civ. 8394 (DC), 2005 U.S. Dist. LEXIS 23874: 18 October 2005
CARRIAGE OF GOODS BY SEA: CALCIUM HYPOCHLORITE IN CONTAINERS: EXPLOSION AND
FIRE: LOSS OF SHIP AND CARGO: SHIPPER’S LIABILITY UNDER US COGSA: STRICT
LIABILITY: PRIVITY OF CONTRACT: LIABILITY IN NEGLIGENCE: LIABILITY FOR FAILURE
TO WARN
Povey v Qantas Airways and British Airways
Australia: High Court of Australia. [2005] HCA 33: 23 June 2005
INTERNATIONAL CARRIAGE BY AIR – PASSENGER CLAIM FOR DAMAGES FOR DEEP VEIN
THROMBOSIS ALLEGEDLY SUSTAINED DURING OR AFTER CARRIAGE – WHETHER CARRIERS
WERE LIABLE UNDER ARTICLE 17 WARSAW CONVENTION AS AMENDED – WHETHER APPELLANT’S
DEEP VEIN THROMBOSIS WAS CAUSED BY AN "ACCIDENT" WITHIN ARTICLE 17 OF
THE CONVENTION
Transatlantic Lines, Llc., as Charterer, v. Tidewater Marine, Inc, as Owner of
the "Sly Fox"
United States of America: Society of Maritime Arbitrators of New York, Inc.:
David W. Martowski, A.J. Siciliano and Donald J. Szostak, arbitrators; Number
3834, April 16, 2004
SUPPLYTIME 89 CHARTERPARTY; SPEED AND CONSUMPTION CLAIMS;
WHETHER "ANNEX A" - GIVING DETAILS OF VESSEL DESCRIPTION -
INCORPORATED INTO CHARTER; WHETHER SPEED AND CONSUMPTION CLAIMS VALID
Safezone Pty Limited v
The Ship "Island Sun"
Australia: Federal Court of Australia: Lee J
[2004] FCA 1797: 12 December 2004
Application for arrest of a surrogate
vessel under s.19 of the Admiralty Act 1988 (Cth); whether the
"relevant person" was the
"owner" of the surrogate vessel under s.19
Tisand
(Pty) Ltd v The Owners of the Ship MV "Cape Moreton" (ex "Freya")
Australia: Federal Court of Australia, Full Court: Ryan and Allsop JJ:
[2005] FCAFC 68; 29 April 2005
Admiralty:
proceedings in rem: whether the phrase "the owner" in Australia’s
Admiralty Act 1988 (Cth) necessarily includes the registered owner of a
vessel: where sale of vessel completed before commencement of proceeding but
after cause of action arose: where vendor, the presumptive debtor, remained
entered as owner on the Liberian Register
Royal & Sun
Alliance Insurance Plc and Exel Logistique SA v (1)MK Digital SZE (Cyprus)
Ltd, (2) Hi-Tec Electronics A/S and Others
English Commercial Court: Aikens J.: [2005] EWHC 1408 (Comm): 21 June 2005
CARRIAGE OF GOODS BY ROAD: WHETHER CONVENTION ON THE CONTRACT FOR THE
INTERNATIONAL CARRIAGE OF GOODS BY ROAD ("CMR") APPLIED: WHETHER
CARRIER A "COMMISSIONAIRE DE TRANSPORT" UNDER FRENCH LAW: European
Jurisdiction Regulation 44/2001: BRUSSELS CONVENTION 1968: WHICH COURT
FIRST "SEISED" OF THE ACTION: APPROPRIATE FORUM
Seismic
Shipping Inc and another v Total E&P UK plc ("The Western Regent")
English Court of Appeal: Clarke and Rix, LJJ., Sir Martin Nourse: [2005]
EWCA Civ 985: 29 July 2005
SHIPPING: ADMIRALTY JURISDICTION: COLLISION: CONVENTION ON LIMITATION OF
LIABILITY FOR MARITIME CLAIMS 1976, ARTICLES 10 AND 11: WHETHER LIMITATION
ACTION CAN BE BROUGHT WITHOUT ESTABLISHING LIMITATION FUND: WHETHER LIMITATION
ACTION CAN BE BROUGHT IN JURISDICTION WHERE NO CLAIM SUBJECT TO LIMITATION
BROUGHT: ANTI-SUIT INJUNCTION: UNCONSCIONABLE CONDUCT: COMITY
Tisand
(Pty) Ltd v The Owners of the Ship MV "Cape Moreton" (ex "Freya")
Australia: Federal Court of Australia, Full Court: Ryan and Allsop JJ
[2005] FCAFC 68; 29 April 2005
Admiralty: proceedings in rem:
whether the phrase "the owner" in Australia’s Admiralty Act 1988 (Cth)
necessarily includes the registered owner of a vessel: where sale of vessel
completed before commencement of proceeding but after cause of action arose:
where vendor, the presumptive debtor, remained entered as owner on the Liberian
Register
Miranos
International Trading Inc. v. VOC Steel Services BV
English Commercial Court: Cooke J.: [2005] EWHC 1812 Comm.: 15 July 2005
SHIPPING: TIME CHARTERPARTY: NEW YORK PRODUCE EXCHANGE FORM: GUARANTEED
DURATION: EFFECT OF EARLY REDELIVERY: BREACH OF WARRANTY: MEASURE OF DAMAGES:
WHETHER DUTY TO MITIGATE: CHARTER RATE: AVAILABLE MARKET RATE: ARBITRATION ACT
1996, S.69
OT Africa Line Ltd v Magic
Sportswear Corporation and Others
English Court of Appeal: Laws, Rix and Longmore LJJ.: [2005] EWCA Civ 710:
13 June 2005
CONTRACT OF CARRIAGE: EXCLUSIVE JURISDICTION CLAUSE: PROCEEDINGS COMMENCED IN
CANADA IN RELIANCE ON CANADIAN MARINE LIABILITY ACT 2001: CONFLICT OF LAWS: ANTI
SUIT INJUNCTIONS: INTERNATIONAL COMITY
In re Otal Investments Ltd.
– the MV "Kariba"
United States: Federal District Court for the Southern District of New York:
No’s 03 Civ. 4304, 03 Civ. 9962, 04 Civ. 1107, 2005 U.S. Dist. LEXIS 5157 (S.D.N.Y.
8 July 2005) (not officially reported)
1976 Limitation of Liability Convention:
U.S. Limitation of Liability Act: international comity: extraterritorial effect:
limitation funds: in rem liability: in personam liability
Sea Success Maritime Inc v.
African Maritime Carriers Limited
English Commercial Court: Aikens, J.: [2005] EWHC 1542 (Comm): 15 July 2005
TIMECHARTERPARTY: C/P CLAUSE PROVIDING "MASTER HAS THE RIGHT AND MUST
REJECT ANY CARGO THAT ARE SUBJECT TO CLAUSING OF THE Bs/L: MEANING OF "CLAUSING":
WHETHER IT HAS AN ORDINARY SETTLED MEANING OR SETTLED COMMERCIAL USAGE:
COMMERCIAL CONTEXT: CARRIAGE OF STEEL: APPARENT ORDER AND CONDITION OF GOODS:
RELATIONSHIP TO THE DESCRIPTION OF GOODS: APPARENT "GOOD" ORDER:
APPARENT "PROPER" ORDER: WHEN IS CARGO SUBJECT TO CLAUSING: WHETHER ON
FIRST DRAFT OF B/L OR WHEN DESCRIPTION OF CARGO ULTIMATELY PROPOSED BY CARGO
INTERESTS
Spector v. Norwegian Cruise
Line Ltd.
United States: Supreme Court: Anthony M. Kennedy, Justice: June 6, 2005: No.
03-1388: 545 U.S.
INTERNATIONAL LAW: STATUTORY CONSTRUCTION: CLEAR STATEMENT RULE: AMERICANS WITH
DISABILITIES ACT (ADA): CONSTRUING DOMESTIC LAW TO AVOID CONFLICT WITH
INTERNATIONAL CONVENTIONS
Lesotho Highlands Development Authority v. Impregilo SpA and others
English House of Lords: Lords Steyn, Hoffmann, Phillips MR, Scott and Rodger:
[2005] UKHL 43 on appeal from [2003] EWCA Civ 1159, itself on appeal from
[2003] 1 All ER (Comm) 22; [2002] EWHC 2435 (Comm)
Arbitration: arbitration Act 1996: currency of award: Award of
interest: error of law: whether tribunal exceeded it powers: whether serious
irregularity under section 68
Hyundai Marine Co Ltd v
Furness Withy (Australia) Pty ("The Doric Pride")
English Commercial Court: Michael Crane QC: [2005] EWHC 945 (Comm): 20 May
2005
SINGLE TRIP TIME CHARTER: CARGO TO BE LOADED AT NEW ORLEANS: VESSEL’S FIRST
CALL AT US PORT: US COAST GUARD DESIGNATE VESSEL"HIGH INTEREST":VESSEL
DETAINED AWAITING COAST GUARD INSPECTION: WHETHER VESSEL OFF-HIRE: OFF HIRE
CLAUSE: WHETHER CALLING PORT OF TRADING PROVISO APPLIED: IMPLIED INDEMNITIES:
COMPLYING WITH CHARTERERS' INSTRUCTIONS: WHETHER RISKS OF INSPECTION INHERENT IN
TRADING TO US GULF PORTS: WHETHER SUCH RISKS ACCEPTED BY OWNERS
Western Bulk Carriers K/S
v Li Hai Maritime Inc:
English Commercial Court: Jonathan Hirst QC: [2005] EWHC 735 (Comm): 5 May
2005
TIMECHARTERPARTY: NON-PAYMENT OF HIRE: WITHDRAWAL: WHETHER CHARTERERS ENTITLED
TO DEDUCT ANTICIPATED OFF-HIRE: WHETHER CHARTERERS ENTITLED TO EQUITABLE
SET-OFF: EFFECT OF RIGHT TO REPAYMENT OF OVERPAID HIRE: PREVIOUS COURSE OF
DEALINGS: WHETHER AMOUNTS TO ESTOPPEL: NOTICE OF WITHDRAWAL: WHETHER NOTICE
COMPLIED WITH ANTI-TECHNICALITY CLAUSE
Laemthong International
Line Co Ltd v Abdullah Mohammed Fahem & Co
English Court of Appeal: Sir Andrew Morritt VC, Clarke and Neuberger LJJ.:
[2005] 1 Lloyd’s Rep. 655: 5 May 2005
CHARTERPARTY: DELIVERY OF CARGO WITHOUT PRESENTATION OF BILL OF LADING: EXPRESS
INDEMNITY IN CHARTER: CHARTERERS OBTAIN INDEMNITY FROM RECEIVERS: WHETHER OWNERS
CHARTERERS’ AGENTS FOR DELIVERY OF CARGO TO RECEIVERS: WHETHER OWNERS ENTITLED
TO ENFORCE RECEIVERS’ INDEMNITY UNDER CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
1999
Transport insurer of X. v.
freight forwarder Y – M/V "Atlantic Concert"
Federal Republic of Germany: Regional Appeal Court Hamburg (Oberlandesgericht
Hamburg – OLG): TranspR 2004, 403: 19 August 2004 – 6 U 178/03
Combined transport: law applicable to
losses during transhipment: Whether a separate land transport: whether subject
to limitation of general german law of affreightment: whether bill of lading
limitation clause in valid form
Bottiglieri
Di Navigazione Spa v. Cosco Qingdao Ocean Shipping Co
English Commercial Court: Gloster J.: [2005] EWHC 244 (Comm): 4
February 2005
TIMECHARTERPARTY: OBLIGATION TO PRESENT GRAIN CLEAN HOLDS ON DELIVERY: BREACH:
RIGHT TO PLACE VESSEL OFF-HIRE: WHETHER FAILURE TO INSIST ON CLEANING AND PLACE
VESSEL OFF-HIRE WHILST CLEANING CARRIED OUT AMOUNTED TO WAIVER OF RIGHT TO PLACE
VESSEL OFF-HIRE WHEN HOLDS FOUND UNFIT FOR A SUBSEQUENT CARGO: WHETHER WAIVER
EXTENDED TO RIGHT TO CLAIM DAMAGES FOR FAILURE TO DELIVER WITH CLEAN HOLDS
Datec Electronic Holdings Ltd
& Incoparts BV v. United Parcels Service Ltd & Anor
English High Court: Commercial Division: Andrew Smith J.: [2005] EWHC 221 (Comm):
22 February 2005
CONTRACT FOR CARRIAGE OF GOODS: INTERNATIONAL CARRIAGE BY ROAD: CMR CONVENTION:
CARRIAGE OF GOODS BY ROAD ACT 1965: CARRIER’S LIABILITY: WHETHER CARRIER’S
LIABILITY UNLIMITED BY REASON OF WILFUL MISCONDUCT OF CARRIER’S EMPLOYEES:
STANDARD TERMS LIMITING VALUE OF PACKAGES TO BE OFFERED FOR CARRIAGE: WHETHER
CONTRACT EXISTS WHERE PACKAGES EXCEED STATED VALUE: WHETHER EXCESS VALUE WAIVED
BY CARRIER: WHETHER EXCULPATORY PROVISIONS RELATING TO EXCESS VALUE PACKAGES
VALID UNDER CMR
American
Home Assurance Co. v. CSX Lines, Inc.
United States of America: Federal Court for the Southern District of New
York: Loretta A. Preska, Judge: 2005 U.S. Dist. LEXIS 4326: 18 March 2005
SHIPPING: CONTAINER: MULTIMODAL CARRIAGE: liability
FOR LOSS/DAMAGE ON LAND LEG: Service agreement: WHETHER SERVICE AGREEMENT
INCORPORATES BILL OF LADING TERMS: CONSTRUCTION: COURSE OF DEALING: BILL OF
LADING PROVIDES FOR limitation "PER SHIPPING OR CUSTOMARY FREIGHT UNIT OR
PIECE": WHETHER LIMITATION APPLICABLE TO CONTAINER, SKIDS/pALLETS INSIDE
CONTAINER OR TO CARTONS ON SKIDS: HIMALAYA CLAUSE: WHETHER INLAND HAULIER
ENTITLED TO BILL OF LADING LIMITATION
Pan Liberty Navigation Co Ltd v World Link (HK) Resources Ltd (2005) BCCA 206
Canada: Court of Appeal of British Columbia: Court Docket: CA032234: Esson,
Oppal and Madam Saunders, JJA: 8 April 2005
Model Law Article 8: LMAA Award
(London): enforcement: arrest of bunkers : identity of respondent/award debtor:
jurisdiction of arbitrator: public policy: Whether arbitrator’s jurisdiction
exhausted
Seismic
Shipping Inc and another v Total E&P UK plc ("The Western Regent")
English High Court: Queen’s Bench Division: Admiralty Division: Julian
Flaux QC: 22 March 2005: [2005] EWHC 460 (Comm)
COLLISION WITH WELL-HEAD MARKER BUOY: LIMITATION OF LIABILITY: MERCHANT SHIPPING
ACT 1995: CONVENTION FOR LIMITATION OF MARITIME CLAIMS 1976, ARTICLES 10 AND 11:
JURISDICTION: ANTI-SUIT INJUNCTION:WHETHER ESTABLISHMENT OF LIMITATION FUND
UNDER ARTICLE 11 A CONDITION PRECEDENT TO CLAIMING LIMITATION
Borgship
Tankers Inc v Product Transport Corporation Ltd
English High Court: Queen’s Bench Division: Commercial Court: Cresswell
J.: 28 February 2005: [2005] EWHC 273 Comm
TIME-CHARTERPARTY: SHELLTIME 4 FORM: CARGO TANKS UNSUITABLE FOR CARRIAGE OF
CONTRACTED CARGO OF GASOLINE: PREMATURE REDELIVERY OF SHIP BY AGREEMENT: WHETHER
TIME-CHARTERER’S CLAIM FOR DAMAGES FOR LOSS OF FREIGHT UNDER SUB-CHARTER A
CLAIM "ARISING OUT OF ANY LOSS OF OR DAMAGE TO OR IN CONNECTION WITH
CARGO" WITHIN CL.27(C) (ii) OF SHELLTIME 4: WHETHER TIME-BARRED UNDER ART.
III RULE 6 OF HAGUE-VISBY RULES
Thyssen Canada Limited v
Mariana Maritime SA and another
English High Court: Queen’s Bench Division: Commercial Court: Cooke J.: 23
February 2005: [2005] EWHC 219 (Comm)
ARBITRATION: APPEAL UNDER S.68 ARBITRATION ACT 1996: WHETHER AWARD OBTAINED BY
FRAUD OR CONTRARY TO PUBLIC POLICY: WHETHER RIGHT TO OBJECT LOST UNDER S.73(1):
TAKING PART IN THE PROCEEDINGS: TIME LIMIT FOR APPEAL UNDER S.70(3): WHETHER
GROUNDS FOR EXTENSION UNDER S.80(5)
Action Navigation
Inc v Bottiglieri Navigation SPA
English High Court: Queen’s Bench Division: Commercial Court: Aikens J.:
16 February 2005
TIMECHARTER: NEW YORK PRODUCE EXCHANGE FORM: COMPLIANCE WITH CHARTERERS’
ORDERS AS TO EMPLOYMENT: VESSEL’S BOTTOM FOULED BY STAY IN WARM WATER PORT:
COSTS OF CLEANING HULL: WHETHER CHARTERER OBLIGED TO INDEMNIFY OWNERS FOR
CLEANING COSTS: RISKS ACCEPTED BY OWNERS: ORDINARY TRADING RISKS: FORESEEABILITY
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
Curtis Callais
Welding, Inc. v. Stolt Comex Seaway Holdings, Inc.
United States Court of Appeals for the Fifth Circuit: Judges Jones, Smith,
and Stewart: No. 04-30003 (5th Cir. 2005): 22 February 2005
service agreement: choice-of-law:
general maritime law: indemnity: negligence: agents: EMPLOYEES
Maersk Line Limited, as
Charterers v. U.S. Ship Management Inc. as Disponent Owner of the "Sealand
Express"
United States: Arbitration Award of the Society of Maritime Arbitrators
of New York: Jack Berg, Chairman, Robert S. Duffy and Emery W. Harper,
arbitrators: 6 February/19 July 2004
TIMECHARTER: GROUNDING: SALVAGE: REPAIRS: UNAVAILABILITY OF VESSEL: WHETHER
GROUNDING CAUSED BY CREW NEGLIGENCE: WHETHER CREW NEGLIGENCE IS AN EVENT OF
DEFAULT UNDER THE CHARTERPARTY ENTITLING CHARTERER TO TERMINATE: EXCEPTIONS
CLAUSE: WHETHER CHARTERER REQUIRED TO SHOW FAILURE TO REALISE MATERIAL BENEFITS
INTENDED TO BE CONFERRED ON CHARTERER
Encyclopaedia Universalis
S.A. v. Encyclopaedia Britannica, Inc.,
United States of America: Second Circuit Court of Appeals: No. 04-0288-cv,
2005 U.S. App. LEXIS 5157: 31 March 2005
Arbitration: Enforcement: effect of
Procedural irregularities: effect of tribunal exceeding its powers: Convention
on the Recognition and Enforcement of Foreign Arbitral Awards (New York
Convention): Federal Arbitration Act
Tidewater Marine Service C.A. v. Gulf of Paria East Operating Company
United States of America: Arbitration Award: Society of Maritime Arbitrators
of New York: Donald J. Szostak, Chairman, Jack Berg and David W. Martowski,
Arbitrators: 2 June 2004
BAREBOAT CHARTERPARTY: BARGE: REDELIVERY IN LIKE GOOD ORDER AS ON DELIVERY:
DID CHARTERPARTY TERMS APPLY TO AN EXPLOSION THAT OCCURRED DURING TANK CLEANING
AFTER BARGE LEFT CHARTERER’S SERVICE: WHEN DID REDELIVERY OCCUR?: CAUSE OF
EXPLOSION: NEGLIGENCE OF CLEANING CONTRACTORS: WHETHER CHARTERER
RESPONSIBLE FOR NEGLIGENCE OF CONTRACTORS: RESPONSIBILITY FOR THIRD PARTY
EQUIPMENT ON BOARD
Vee Networks Limited v Econet Wireless International Ltd
High Court (England), Queen’s Bench Division: Colman J.: [2004] EWHC 2909 (Comm):
14 December 2004
Arbitration: Arbitration Act 1996:
section 7 – Separability of arbitration agreement: section 30 – competence
of tribunal to rule on its own jurisdiction: section 67 – challenging the
award, substantive jurisdiction: interrelationship of sections 7 and 67
Edlow International
Company v. BBC Chartering & Logistics GmbH & Co. KG.
United States of America: Arbitration Award: Society of Maritime Arbitrators
of New York: David Martowski, as Sole Arbitrator: 6 January 2004
LINER BOOKING NOTE: CARRIAGE OF URANIUM HEXAFLOURIDE IN CYLINDERS: WHETHER
DIMENSIONS MISDESCRIBED: WHETHER CARRIER ENTITLED TO ADDITIONAL FREIGHT: CLAUSE
IN BILL OF LADING ALLOWING DOUBLE FREIGHT TO BE CHARGED WHERE CARGO MISDESCRIBED:
ADDITIONAL FREIGHT PAID "UNDER PROTEST": WHETHER A VOLUNTARY PAYMENT:
SHIP DETAINED FOR REMOVAL OF LASHING EQUIPMENT: WHETHER CARRIER ENTITLED TO
DETENTION
Asil Gida Ve Kimya Sanayii Ve Ticaret A.S., as Owner of the m.v. "Mustafa
Nevzat" v. Cosco Qingdao, as Charterers
Arbitration Award: Society of Maritime Arbitrators
New York: Louis P Sheinbaum, Chairman, Lucienne Bulow and Alexis Nichols,
arbitrators: 2 January 2004
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
CV Scheepvaartonderneming
Flintermar -v- Sea Malta Co. Ltd
English Court of Appeal: Waller and Rix LJJ. and Sir Martin Nourse: [2005]
EWCA Civ.17: 25 January 2005
SHIPPING: TIMECHARTERPARTY: BALTIME 1939 FORM, WITH AMENDMENTS: CARGO
OPERATIONS: CHARTERERS’ STEVEDORES: HANDLING HATCH PONTOONS: INJURY TO FIRST
OFFICER: WHETHER CHARTERERS LIABLE TO INDEMNIFY OWNERS FOR FIRST OFFICER’S
CLAIM
Cetelem SA v Roust Holdings Ltd
English High Court: Beatson J.: [2004] EWHC 3175 QB: 29 December 2004
Arbitration Act 1996 s.44: assistance of
Court prior to commencement of arbitration: freezing orders: mandatory
injunctions
Tatyana Powell and Others v.
American Bureau of Shipping and Others
United States of America: Norfolk Circuit Court, Fourth Judicial Circuit of
Virginia: No. CL1623-03: 16 September 2004:unreported
wrongful death: contribution and
indemnity: settlement and release
Bhatia
Shipping & Agencies PVT. Limited v. Alcobex Metals & Others
English High Court, Commercial Division: Mr Julian Flaux QC: [2004] EWHC
2323 (Comm): 20 October 2004
MULTI-MODAL CARRIAGE CONTRACT: CLAIMS TO BE TIME-BARRED IF PROCEEDINGS NOT
INSTITUTED WITHIN NINE MONTHS OF DELIVERY: ALLEGED MISDELIVERY: NO CLAIM BY
CARGO INTERESTS BROUGHT WITHIN NINE-MONTH PERIOD: CARRIER CLAIMS FOR NEGATIVE
DECLARATORY RELIEF: WHETHER CLAIM TIME-BARRED: WHETHER NEGATIVE DECLARATION
APPROPRIATE
Golden Straight Corporation v Nippon Yusen Kubishika Kaisha (the "Golden
Victory")
English High Court of Justice, Queens Bench Division, Commercial Court: Langley
J.: [2005] EWHC 161 Comm:; 15 February 2005
Arbitration: appeal: question of law:
section 69 ARBITRATION ACT 1996: termination of charterparty: quantification of
damages: WHETHER FUTURE EVENTS CAN BE TAKEN INTO ACCOUNT
J I MacWilliam Co Inc
(Boston) v Mediterranean Shipping Co SA (the "Rafaela S")
English House of Lords: Lords Bingham, Nicholls, Steyn, Rodger and
Brown: [2005] UKHL 11: 16 February 2005
CARRIAGE OF GOODS BY SEA: Bills of
lading: whether a ‘straight bill’ is a bill of lading or ‘similar document
of title’: Hague/Hague-Visby Rules, Article I: application of UK COGSA
1971
Chembulk Trading LLC v. Chemex Ltd.;
Novorossiysk Company v. Chemex Ltd.
United States Court of Appeals for the Fifth Circuit: Judges King, Smith and
Garza: 2004 U.S. App. LEXIS 25185 (5th Cir. 2004): 8 December 2004
Maritime: time-charter party; freights:
sub-freights: contractual lien: maritime lien: Whether "freights"
includes "sub-freights"
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
Mitsubishi
Corporation v Eastwind Transport Ltd and Others
English High Court, Commercial Division: Mr. Ian Glick, QC: [2004] EWHC 2924
(Comm): 15 December 2004
CARRIAGE OF GOODS BY SEA: BILL OF LADING: EXEMPTION CLAUSE: WHETHER REPUGNANT TO
PURPOSE OF CONTRACT: INTERPRETATION: RISK ALLOCATION UNDER COMMERCIAL CONTRACTS:
INSURABLE RISKS
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
(1)
A/S D/S SVENBORG (2) D/A/ AF 1912 A/S (Trading in Partnership as MAERSK SEALAND)
v (1) FAR EAST TRADING COTE D'IVOIRE (2) FARES NAJI KHALIL (3) DARWICHE
FAWZIHASSAN (4) KHALIL ABDUL KARIM (2004)
English High Court, Commercial Division: Nigel Teare QC: [2004] EWHC 2929 (Comm)
15 December 2004
CARRIAGE OF GOODS: BILLS OF LADING: DELIVERY OF CARGO AGAINST FRAUDULENT BILLS
OF LADING: DECEIT: BURDEN OF PROOF: DAMAGES
THE "SEAWAY"
Singapore Court of Appeal: Chao Hick Tin JA, Tan Lee Meng J: [2004] SGCA 57:
29 November 2004
ADMIRALTY: VESSEL DAMAGED PRIVATE WHARF: WHETHER RIGHT TO LIMIT LIABILITY:
WHETHER PRIVATE WHARF IS "PROPERTY" WITHIN SECTION 136(1)(d) OF
SINGAPORE MERCHANT SHIPPING ACT: WHETHER RIGHTS INFRINGED THROUGH ACT OR
OMISSION OF ANY PERSON IN THE NAVIGATION OR MANAGEMENT OF THE VESSEL
Stevens Technical
Services, Inc. v. Mormac Marine Enterprises, Inc.
United States of America: United States District Court for the Eastern
District of New York: Judge Ross: docking
pilot: exculpatory clause: exoneration: gross negligence: indemnification: pilot
ticket: wilful misconduct
Ferrostaal, Inc. v. M/V Sea Baisen
United States: United States District Court for the Southern District of New
York: Richard J. Holwell, District Judge: No. 02 Civ. 1900: 2004 U.S. Dist.
LEXIS 24083 : November 30, 2004
CARRIAGE OF GOODS BY SEA ACT "COGSA": TIME BAR: EXTENSION BY PURPORTED
AGENT
First Commercial
Bank and Others v. the Owners of "Mandarin Container", "Kingdom
Container" and "Liberty Container"
Hong Kong Admiralty Court: Waung J.: 9 November 2004
Mortgagee action: default of payment:
whether default interest amounted to a penalty: penalty clause: liquidated
damages: construction of a contract: freedom of contract: whether it is
unconscionable, oppressive or extravagant
Toll (FGCT)
Pty Limited v Alphapharm Pty Limited
Australia: High Court of Australia; Gleeson CJ, Gummow, Hayne, Callinan and
Heydon JJ; [2004] HCA 52; 11 November 2004
Contract: Construction and
interpretation: Whether road transport company’s general terms and conditions
incorporated into contract: exclusion clause: contract signed but terms and
conditions not read: Conclusiveness of act of signature – Principal and AGENT:
Whether consignee bound by contract entered into by another : Whether agent
authorised to contract on terms including exclusion clause
World Trade Corporation Ltd v
C Czarnikow Sugar Ltd
English High Court, Commercial Division: Colman J.: 18 October 2004
ARBITRATION: AWARD: FAILURE TO DEAL WITH ISSUES OF FACT: WHETHER REMEDIABLE
UNDER S.57 ARBITRATION ACT 1996: WHETHER A SERIOUS IRREGULARITY UNDER S. 68
Owners of Cargo
lately laden on board the "LIAN SHUN" v. The Owners of the "LIAN
SHUN"
Hong Kong Admiralty Court: Waung J.: 24 September 2004
Admiralty Jurisdiction:
Arrest of Vessel: Section 12E(1) of the High Court Ordinance: whether barge a
vessel and whether A vessel used in navigation
Jindal Iron and Steel
Co. Ltd. and Others v. Islamic Solidarity Company Jordan Inc. – the
"Jordan II"
English House of Lords: Lords Bingham, Nicholls, Steyn, Hoffmann and Scott:
[2004] UKHL 49: 25 November 2004
CARRIAGE OF GOODS BY SEA: VOYAGE CHARTER ON FREE IN OUT STOWED AND TRIMMED ‘FIOST’
TERMS: BILLS OF LADING SUBJECT TO HAGUE-VISBY RULES: WHETHER FIOST TERMS MAKE
CARGO INTERESTS RESPONSIBLE FOR CARGO LOSS/DAMAGE OCCURRING IN THOSE OPERATIONS:
CARRIER’S OBLIGATIONS UNDER HAGUE-VISBY RULES ARTICLE III RULE 2: WHETHER IN
CONFLICT WITH FIOST PROVISIONS
Tame Shipping Ltd v Easy
Navigation Ltd
English High Court: Moore-Bick J.: 28 July 2004
ARBITRATION: LONDON MARITIME ARBITRATORS SMALL CLAIMS PROCEDURES: REASONS
PUBLISHED SEPARATELY FROM AWARD ON TERMS NOT TO BE USED IN CHALLENGING AWARD:
SERIOUS IRREGULARITY UNDER S.68(2)(d) ARBITRATION ACT 1996: WHETHER COURT COULD
EXAMINE REASONS
Margaret Brennan v Bolt Burdon &
Others
English Court of Appeal: Sedley and Maurice Kay LJJ., Bodey J.: [2004] EWCA
Civ 1017: 29 July 2004
LITIGATION: SETTLEMENT AGREEMENT: SUBSEQUENT CHANGE IN THE LAW: DECLARATORY
THEORY OF JUDICIAL DECISIONS: MISTAKE OF LAW: WHETHER SETTLEMENT AGREEMENT
VOIDABLE: PUBLIC POLICY
The "RSS Courageous"
NG Keng Yong v Public Prosecutor
Singapore High Court: Yong Pung How CJ: 13 August 2004
COLLISION BETWEEN NAVY SHIP AND MERCHANT SHIP: CRIMINAL OFFENCE OF CAUSING DEATH
BY NEGLIGENT ACT UNDER SECTION 304A SINGAPORE PENAL CODE: VESSELS ON RECIPROCAL
COURES: WHETHER INVOLVED RISK OF COLLISION: BREACH OF RULE 14(a) COLLISION
REGULATIONS: STANDARD OF CARE EXPECTED OF TRAINEE OFFICER: WHETHER CONTRIBUTORY
NEGLIGENCE OF MERCHANT SHIP BROKE CHAIN OF CAUSATION
The "SUNRISE CRANE"
Singapore Court of Appeal: Chao Hick Tin JA, Judith Prakash J, Yong Pung How
CJ: 13 September 2004
VESSEL SUNK FROM DAMAGE BY CONTAMINATED NITRIC ACID TRANSFERRED FROM ANOTHER
VESSEL: DUTY OF CARE OWED BY OWNERS OF TRANSFEROR VESSEL TO INFORM OWNERS OF
RECIPIENT VESSEL OF CHARACTERISTICS OF DANGEROUS cargo:
WHETHER OWNERS OF TRANSFEROR VESSEL negligent: whether can limit liability:
whether "actual fault or privity"
Fireman’s Fund Ins.
Co. v. Orient Overseas Container Line Ltd
United States: New York City Civil Court: Eileen A. Rakower, Judge:
May 2, 2003: 763 N.Y.S.2d 427, 196 Misc. 2d 11 (N.Y. Civ. Ct. 2003)
US CARRIAGE OF GOODS BY SEA ACT 1936 ("COGSA"): unreasonable
deviation: misplaced cargo: lost cargo: NEGLIGENT MISREPRESENTATION
Norfolk Southern
Railway Co. v. James N. Kirby, Pty. Ltd., No. 02-1028
United States Supreme Court: Opinion by Justice O’Connor: November 9,
2004;(not yet officially reported)
ADMIRALTY JURISDICTION: US Carriage of
Goods by Sea Act 1936 ("COGSA"): BILLS OF LADING: MULTIMODAL
BILLS OF LADING: NVOCC: CONTRACTING CARRIER: ACTUAL CARRIER: ACCIDENT DURING
CARRIAGE BY RAIL: HIMALAYA CLAUSE
The "Hyundai Fortune"
Singapore Court of Appeal: Chao Hick Tin JA and Tan Lee Meng J: [2004] SGCA 41:
9 September 2004
EXCLUSIVE JURISDICTION CLAUSE IN BILL OF LADING REFERRED ALL CLAIMS TO THE SEOUL
DISTRICT COURT IN KOREA: ACTION COMMENCED IN SINGAPORE BY CARGO OWNERS FOR
DAMAGE TO CARGO: APPLICATION TO STAY PROCEEDINGS IN SINGAPORE: FACTORS TO BE
CONSIDERED WHERE THERE WAS EFFECTIVELY NO DEFENCE TO THE CLAIM
Fal Oil Co Limited and another v
Petronas Trading Corporation
English Court of Appeal: Judge, Buxton and Mance LJJ.: 7 July 2004
SALE CONTRACT: DELIVERY OF OIL: EXCESS WATER CONTENT: WHETHER PRESENT AT POINT
OF TRANSFER: BURDEN OF PROOF: DEMURRAGE: WHETHER DEMURRAGE PROVISION UNDER SALE
CONTRACT AN INDEPENDENT OBLIGATION OR AN INDEMNITY
Blue Nile Shipping
Co Ltd and others v Iguana Shipping and Financing Inc, owners of the ship
"Happy Fellow" and others
English Admiralty Court: David Steel J.: 26 June 2004
ADMIRALTY: CLAIMS FROM CHARTERERS: LIMITATION OF LIABILITY: OWNERS’ RIGHT TO
LIMIT IN RESPECT OF CLAIMS CONSEQUENT UPON DAMAGE TO THE VESSEL
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
Netstal-Maschinen
AG and Securitas Bremer Allgemeine Versicherung AG v Dons Transporte AG, Stewart
Height and David O’Neill
English Mercantile Court, Central London: Hallgarten J.: 26 May 2004
CARRIAGE OF GOODS BY ROAD: DAMAGE OF GOODS: TOTAL LOSS: WILFUL MISCONDUCT: CMR
CONVENTION: ARTICLE 17.2 CMR
City of Chicago v. M/V Morgan
United States of America; Seventh Circuit Court of Appeals; No. 03-1789,
2004 U.S. App. LEXIS 14173; 9 July 2004
Maritime: allision: presumption of
fault: Application of the "Oregon" Rule
Prescott v. Northlake
Christian School
United States of America: US Fifth Circuit Court of Appeals: Circuit Judge:
Edith H. Jones, dissent by Circuit Judge Carl E. Stewart: 369 F.3d 491 4 May
2004
EMPLOYMENT CONTRACT: MEDIATION/Arbitration
CLAUSE: HANDWRITTEN AMENDMENT RESERVING PARTIES’ RIGHTS OF APPEAL: Scope
of Judicial Review
In re
Rationis Enterprises, Inc. of Panama as Owner of the MSC CARLA
United States: Federal Court for the Southern District of New York: Judge
Richard Owen: 2004 U.S. Dist. LEXIS 12994: 12 July 2004
Products Liability: Negligence:
Manufacturer: Seller: Defect
Pacific Carriers Limited v BNP Paribas
Australia: High Court of Australia: Gleeson CJ, Gunmow, Hayne, Callinan and Heydon JJ.: 5 August 2004
CARRIAGE OF GOODS BY SEA: DELIVERY WITHOUT PRODUCTION OF BILLS OF LADING: LETTERS OF INDEMNITY: BANK’S SIGNATURE: WHETHER SIGNING AS VERIFICATOR: WHETHER SIGNING AS INDEMNIFYING PARTY: AUTHORITY: OSTENSIBLE AUTHORITY: REPRESENTATION BY ORGANISATIONAL STRUCTURE: ESTOPPEL: ABSENCE OF PROCEDURES TO PROTECT AGAINST UNAUTHORISED CONDUCT
El Greco (Australia) Pty Limited & Anor v. Mediterranean Shipping Co. SA
Australia: Federal Court of Australia: Black CJ, Beaumont & Allsop JJ.: 10 August 2004
CARRIAGE OF GOODS BY SEA: BILL OF LADING: CONTAINER SAID TO CONTAIN NUMBER OF PIECES POSTERS AND PRINTS: ARTICLE IV RULE 5 OF HAGUE-VISBY RULES: ENUMERATION: "AS PACKED IN SUCH ARTICLE OF TRANSPORT": WHETHER ENUMERATION EFFECTIVE WHERE NO MEANS OF PACKING INDICATED AND NUMBER OF PACKAGES NOT GIVEN
Frans
Maas (UK) Ltd v Samsung Electronics (UK) Ltd
English Commercial Court: Gross J.: 30 June 2004
BAILMENT: THEFT OF GOODS: NEGLIGENCE AND WILFUL DEFAULT OF BAILEE’S EMPLOYEES:
APPLICATION OF CONTRACT TERMS: BRITISH INTERNATIONAL FREIGHT ASSOCIATION
STANDARD TERMS: VICARIOUS LIABILITY: LIMITATION OF LIABILITY: UNFAIR CONTRACT
TERMS ACT 1977: REASONABLENESS
Ferro Union Inc.
v. M/V Tamamonta
United States of America: Federal Court for the Southern District of New
York: Judge: Victor Marrero: 7 May 2004
Damages: burden of proof: fair market
value: market price: insurance recovery: Carriage of Goods by Sea Act ("COGSA")
Tasman Orient Line CV v. Alliance Group Limited and Others
New Zealand: High Court, Auckland: Williams J.: 21 August 2003
SHIPPING: LIMITATION OF LIABILITY: NEW ZEALAND MARITIME TRANSPORT ACT, 1994 ("MTA"): INTERNATIONAL CONVENTION ON THE LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976: TIMECHARTERERS’ RIGHT TO LIMIT: SUB-TIME CHARTERERS: PRECONDITIONS FOR LIMITATION DECREE: ADMISSION OF LIABILITY: ESTABLISHMENT OF LIMITATION FUND: WHETHER COURT HAD POWER UNDER MTA TO REQUIRE FUND: WHETHER INTERNATIONAL GROUP P&I CLUB LETTER OF UNDERTAKING ACCEPTABLE SECURITY
More OG Romsdal Fylkesbatar AS -v- The Demised
Charterers of the Ship "Jotunheim"
English Commercial Court: Cooke J.: 12 March 2004
SHIPPING: DEMISE CHARTERPARTY: FAILURE TO PAY ON TIME AND IN FULL: WHETHER TIME
OF THE ESSENCE: SALE OF GOODS ACT 1979 s.10: WAIVER: FORFEITURE: CONDITIONS FOR
RELIEF
Minermet SPA Milan v Luckyfield
Shipping Corporation SA
English Commercial Court: Cooke J.: 31 March 2004
SHIPPING: CHARTERPARTY: ARBITRATION CLAUSE: APPOINTMENT OF CLAIMANT’S
ARBITRATOR: DEFENDANT’S ARBITRATOR TO BE APPOINTED WITHIN 14 DAYS: NO
APPOINTMENT WITHIN THAT PERIOD: WHETHER CLAIMANT’S ARBITRATOR ENTITLED TO ACT
AS SOLE ARBITRATOR
Schramm, Inc. v.
Shipco Transport, Inc
United States Court of Appeals for the Fourth Circuit: Judges: Wilkinson,
Michael, and Shedd: No. 03-1075: 2004 U.S. App. Lexis 7288: 15 April 2004
rig CARRIED AS CARGO: restowage AT
INTERMEDIATE PORT: rig damaged WHILST ON DOCKSIDE: WHETHER US$500
LIMITATION PER UNIT UNDER US CARRIAGE OF GOODS BY SEA ACT 1936 APPLIED
Dairy Containers Ltd v Tasman Orient Line CV (The "Tasman
Discoverer")
The UK Privy Council, on appeal from the Court of Appeal of New Zealand: Lords
Bingham, Hoffman, Phillips and Carswell, and Dame Sian Elias: 20 May 2004
CARGO DAMAGED ON SEA VOYAGE: BILL OF LADING: HAGUE RULES
CONTRACTUALLY INCORPORATED INTO B/L: ART. IV RULE 5 AND ART.IX
ESTABLISH PACKAGE LIMIT AS VALUE OF £100 STERLING IN GOLD AS AT 1924:
B/L PROVIDES FOR PACKAGE LIMITATION OF £100 STERLING LAWFUL MONEY OF THE UK:
CONSTRUCTION OF CONTRACT: HAGUE RULES APPLY, AS AMENDED BY LIMITATION
CLAUSE IN B/L: PARAMOUNTCY CLAUSES ALSO SUBJECT TO CONTRACTUAL LIMITATION clause
Incitec Ltd v Alkimos Shipping Corporation and Hyundai Merchant Marine Co Ltd
Federal Court of Australia: Allsop J.: 3 June 2004
Dr A Bell, instructed by Middletons, for Alkimos
Mr G Nell, instructed by Sparke Helmore, for Hyundai
SHIPPING: CHARTERPARTY: CARGO CLAIMS: ARBITRATION CLAUSE: EXCLUSIVE JURISDICTION
AGREEMENT: APPLICATION FOR LEAVE TO FILE CLAIMS IN FEDERAL COURT CONTRARY TO
EXCLUSIVE JURISDICTION AGREEMENT: SCOPE OF ARBITRATION CLAUSE: STAY OF
PROCEEDINGS: FUTILITY: RISK OF DIFFERENT COURTS REACHING INCONSISTENT FINDINGS
ON SAME ISSUES: INCONVENIENCE TO THIRD PARTIES
The "Seaway"
Singapore High Court: Belinda Ang J: [2003] SGHC 315: 30 December 2003
ADMIRALTY: VESSEL DAMAGED PRIVATE WHARF: WHETHER RIGHT TO LIMIT
LIABILITY: WHETHER PRIVATE WHARF IS "PROPERTY" WITHIN SECTION 136(d)
OF MERCHANT SHIPPING ACT: WHETHER RIGHTS INFRINGED THROUGH ACT OR OMISSION OF
ANY PERSON IN THE NAVIGATION OR MANAGEMENT OF THE VESSEL
General Maritime Management
LLC v. ST Shipping & Transport, Inc.
United States of America: United States District Court for the Southern
District of New York: Judge Harold Baer: 04 Civ. 04050: Judge Harold Baer: 9
June 2004
Federal Question Jurisdiction: Bureau of
Customs and Border Protection: International Carrier Bond: Standard Carrier
Alpha Code: Carrier: Trade Act of 2002: Maritime Security Act of 2002
Transport Insurer of X. v. Freight Forwarder Y
German Federal Supreme Court (Bundesgerichtshof – BGH): TranspR 2004, 214;: 29
January 2004 – I ZR 162/01
CMR art. 29: international road
transport: on the claimant’s burden of proving severe fault on the part of the
carrier (here: traffic accident)
Malaysian International Shipping Corp. Berhad v VI SA Australia Pty Limited
Australia: Victorian Court of Appeal: Phillips, Buchanan and Chernov JJ: [2003]
VSCA 64: 30 May 2003
CONTRACT: CARRIAGE OF GOODS BY SEA: DUTY TO RETURN CONTAINERS: LIABILITY OF
"MERCHANTS": LIABILITY OF CONSIGNEE WHERE CONTAINERS UNPACKED BY
CONSIGNEE’S CUSTOMERS: MEANING OF "MERCHANT"
Transport insurer of X. v. freight forwarder Y
German Federal Supreme Court (Bundesgerichtshof – BGH) TranspR 2004, 77;
November 20th, 2003 – I ZR 294/02
CMR art. 31.2: international road
transport: declaratory proceedings as "pending action" pursuant to
art. 31 CMR
Becker v. Poling
Transportation Co.
United States Court of Appeals for the Second Circuit: Judges Winter,
Katzman and Goldberg: 356 F.3d 381 (2d Cir. 2004): 2 February 2004
independent contractor: negligent
hiring: vicarious liability: direct liability: proximate or intervening cause
Thoresen & Co
(Bangkok) Limited v Favom Marine Co Limited & Others
English Commercial Court: Langley J.: [2004] EWHC 167 (Comm): 9 February
2004
SHIP SALE CONTRACT: SUBJECT DETAILS: WHETHER BINDING CONTRACT HAD BEEN CONCLUDED
The Department of Economic
Policy and Development of the City of Moscow and another v Bankers Trust Company
and International Industrial Bank
English Court of Appeal: Sir Andrew Morritt VC, Mance and Carnwath LJJ.: 25
March 2004
ARBITRATION: APPLICATIONS TO THE COURT: PRIVACY OF HEARINGS: CIVIL PROCEDURE
RULES 62.10: SUPERVISORY ROLE OF COURT: PUBLIC INTEREST: PUBLICATION OF
JUDGMENTS
SA Marine Corp. S.A v.
Canfornav Limited
Society of Maritime Arbitrators of New York: Austin L. Dooley, Chairman,
A.J.Siciliano and Michael A. van Gelder, arbitrators: 17 December 2003
TIME CHARTERPARTY: DETENTION BY AUTHORITIES: WHETHER VESSEL OFF-HIRE: MEANING OF
"RESTRICTION" IN OFF-HIRE CLAUSE
Shipping Force Co. Ltd & Marine
Managers Ltd, as Owners and Managers of the m/v Sea Trident v. American
Bureau of Shipping
Society of Maritime Arbitrators, New York: Louis G Juliano, Chairman, Peter
D Clark and Francis M O’Regan, Arbitrators
CLASSIFICATION SOCIETY: PRELIMINARY AND REVISED SURVEY REPORTS: NEGLIGENT
MISREPRESENTATION: RELIANCE: NEGLIGENT PERFORMANCE OF CONTRACTUAL DUTIES
Noble Shipping, Inc. v.
Euro-Maritime Chartering Ltd
United States District Court for the Southern District of New York: Cote,
Judge: No. 03 Civ. 6039, 2003 U.S. Dist. LEXIS 23008
Maritime attachment: garnish: maritime
contract: arbitration: writ of attachment: Rule B(1) of the Supplemental Rules
for Certain Admiralty and Maritime Claims: debt due and owing
The "HYUNDAI FORTUNE"
Singapore High Court: Belinda Ang J: [2004] SGHC 45: 1 March 2004
CONFLICT OF LAWS: ADMIRALTY ACTION IN SINGAPORE: JURISDICTION
CLAUSE IN BILL OF LADING: WHETHER TO STAY SINGAPORE ACTION FOR KOREA
Kriti Akti Shipping
Co SA v. Petroleo Brasiliero SA (The ‘KRITI AKTI’)
English Court of Appeal: Brooke and Mance LLJ, Park J .[2004] EWCA Civ 116:
20 February 2004
Time charter: amended Shelltime 3 form:
option to extend charter period: legitimate last voyage: whether "period of
this charter" (cl.18) includes optional extensions and margins of tolerance
UCO Bank v. Golden View Maritime Pte Ltd:
[2003] SGHC 271
Singapore High Court: Belinda Ang J: 31 October 2003
CIVIL PROCEDURE: MAREVA INJUNCTION
AGAINST DISPOSAL OF VESSEL: RISK OF
DISSIPATION OF ASSETS
Pan United Shipping Pte Ltd v. Cendrawasih
Shipping Pte Ltd: [2004] SGHC 32
Singapore High Court: Tan Lee Meng J:
20 February 2004
SHIPPING: LOSS OF CARGO CARRIED
BY BARGE UNDER TOW: WHETHER TUG
AND TOW UNDER DEMISE CHARTERPARTY:
CHARACTERISTICS OF DEMISE CHARTERS
MAN B & W S E Asia Pte Ltd and Another v
PT Bumi
International Tankers
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick
Tin JA,
Tan Lee Meng J:[2004] SGHC 8: 9 March 2004
NEGLIGENCE: WHETHER SUPPLIER AND
MANUFACTURER OF ENGINE TO A
NEWBUILDING
OWED DUTY OF CARE TO SHIPOWNER: WHETHER
SHIPOWNER CAN RECOVER FOR
PURE ECONOMIC\
LOSS
Sunlight
Mercantile Pte Ltd v Ever Lucky Shipping Co Ltd: [2004] 1 SLR 171
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA and Tan Lee
Meng J
YORK ANTWERP RULES 1974: WHETHER UNSEAWORTHINESS OF VESSEL AFFECTED RIGHT TO
GENERAL AVERAGE CONTRIBUTION: WHETHER EXEMPTION CLAUSES IN BILLS OF LADING
EXCLUDING LIABILITY FOR DECK CARGO ABSOLVED SHIPOWNERS FROM ACTIONABLE FAULT
Siemens Ltd v. Schenker International (Australia) Pty Ltd & Another
High Court of Australia: McHugh ACJ., Gummow, Kirby, Callinan and Heydon JJ: 9
March 2004: [2004] HCA 11
AVIATION: CARRIAGE BY AIR: DAMAGE TO CARGO BETWEEN AIRPORT OF DESTINATION AND
BONDED WAREHOUSE: WARSAW CONVENTION, ARTICLES 18 AND 22: MEANING OF ‘IN AN
AERODROME’: DEFINITION OF AIRPORT SITE: CONSTRUCTION OF HOUSE AIR WAYBILL:
WHETHER LIMITATION OF LIABILITY CLAUSE APPLIES TO TRANSPORTATION AFTER AIR
CARRIAGE COMPLETE
Slebent
Shipping Company Ltd v. Associated Transport Line LLC, the "Star B"
Award of the Society of Maritime Arbitrators of New York; Messrs Manfred W
Arnold, Thomas F Fox and John F Ring, Chairman; 19 November 2003
TIMECHARTERPARTY: GROUNDING: SAFE PORT: BREACH OF WARRANTY: NEGLIGENT
NAVIGATION: WHETHER NEGLIGENT NAVIGATION THE SUPERVENING CAUSE: WHETHER
LIABILITY SHOULD BE SHARED
Precious Capitals Ltd. v.
Transworld Cargo Carriers S.A
New York Arbitration: Society of Maritime Arbitrators:
James J. Warfield, Chairman, Manfred Arnold and Jack Berg, arbitrators: 3
November 2003
TIME-CHARTER FOR TRIP: CHARTERERS
REPUDIATE: CALCULATION OF DAMAGES: WHETHER TO BE BASED ON INTENDED VOYAGE: LOSS
OF OPPORTUNITY TO TRADE VESSEL FROM ANTICIPATED REDELIVERY AREA: MITIGATION:
EMPLOYMENT UNDER CONTRACT OF AFFREIGHTMENT
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
Complaint of Murmansk
Shipping as Owner and Manager of the M/V Ivan Susanin, for Exoneration from or
Limitation of Liability – The "Anangel Endeavour"
United States District Court, Eastern District of Lousiana, Hon. Sarah S.
Vance, Docket No. 00-2354, June 18, 2001
LIMITATION OF LIABILITY: MARITIME ATTACHMENT: COLLISION: BILL OF LADING:
BOTH-TO-BLAME CLAUSE: INDEMNITY: CONTINGENT CLAIMS
Kronos Worldwide Ltd v Sempra Oil
Trading S.A.R.L
English Court of Appeal: Thorpe and Mance LJJ., Evans-Lombe J: 23 January
2004
SALE CONTRACT: OBLIGATION TO PROVIDE LETTER OF CREDIT: LAYTIME: WHETHER TIME TO
COUNT BEFORE LETTER OF CREDIT PROVIDED
CMA CGM S.A. v Classica Shipping Co Ltd (The ‘CMA Djakarta’)
English Court of Appeal: Waller, Longmore, Neuberger LLJ.: [2004] EWCA Civ
114: 12 February 2004
WHETHER TIMECHARTERERS ENTITLED TO LIMIT LIABILITY AGAINST CLAIMS BY SHIPOWNERS
AND/OR CARGO OWNERS: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS
1976: MERCHANT SHIPPING ACT 1995: CONSTRUCTION OF INTERNATIONAL CONVENTIONS: THE
‘AEGEAN SEA’ [1998] 2 LLOYD’S REP 39 OVERRULED
Cargo interests on board MV "Cita" v. Time-charterers of MV "Cita"
Higher Regional Court (Hanseatisches Oberlandesgericht – OLG) Hamburg; 18
December 2003 – 6 U 220/00
Sinking of vessel because watch keeper
asleep and watch alarm switched off - exclusion of liability for error in
navigation –- s.607.2.1 German Commercial Code (HGB)
Moore v. MV Angela
United States Court of Appeals for the Fifth Circuit: No. 02-30441: 2003
U.S. App. LEXIS 24736;: 9 December 2003: Circuit Judges: Duhe, Garza and DeMoss
with Garza concurring in part and dissenting in part
maritime: longshoreman: in rem
jurisdiction: non-pecuniary damages: security: letter of undertaking
Freret Marine Supply v.
Harris Trust & Savings Bank: 73 Fed. Appx. 698 (5th Cir. 2003): Circuit
Judges: Garza, Dennis and Head
Effjohn Int’l Cruise Holdings, Inv. v. A&L Sales, Inc.: 346 F.3d 552 (5th
Cir. 2003): Circuit Judges: Smith, Barksdale and Duplantier
Maritime lien: necessaries: advances
Jurong Engineering Ltd v. Black & Veatch Singapore Pte Ltd
Singapore High Court: Lai Kew Chai J: 26 November 2003: [2003]
SGHC 292
ARBITRATION: CONSTRUCTION OF AN ARBITRATION CLAUSE:
ARBITRATION CLAUSE MADE GENERAL REFERENCE TO RULES PROMULGATED
BY THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE: ARBITRATION
WAS A DOMESTIC ARBITRATION:- ARBITRATION COMMENCED UNDER SIAC
DOMESTIC ARBITRATION RULES: SIAC DOMESTIC ARBITRATION RULES NOT
IN EXISTENCE AT THE TIME OF CONTRACT WHILST SIAC ARBITRATION RULES
(WHICH GOVERNS INTERNATIONAL ARBITRATION) IN EXISTENCE AT THE TIME
OF CONTRACT:- WHETHER SIAC DOMESTIC ARBITRATION RULES OR SIAC
ARBITRATION RULES SHOULD APPLY
Euro Cellular
(Distribution) plc v Danzas Limited t/a Danzas AEI Intercontinental and Another
English Commercial Court: Nigel Teare QC: 19 December 2003
CONTRACT: FREIGHT FORWARDING AND WAREHOUSE SERVICES: CONDITIONS OF BUSINESS:
LIABILITY FOR NEGLIGENT RELEASE: EXCEPTION CLAUSES: BURDEN OF PROOF
Fal Oil Co Ltd and Credit Agricole Indosuez
(Suisse) SA v Petronas Trading Corp SDN BHD (the Devon)
English Commercial Court: Morison J.: 10 October 2003: [2003] EWHC 2225 (Comm)
Sale contract: c & F sale of oil:
Delivery by ship-to-ship transfer: alleged short delivery: water content in
excess of permitted level: conflict of expert evidence: burden of proof:
standard of proof: balance of probabilities: liability for demurrage: indemnity
or independent obligation
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
Dessert
Service, Inc. v. M/V MSC Jamie/Rafaela
United States District Court for the Southern District of New York; Naomi
Reice Buchwald; 219 F. Supp. 2d. 504; August 8, 2002
CARRIAGE BY SEA: MEASURE OF LOSS: MARKET VALUE: REPLACEMENT VALUE: SPECIAL
CIRCUMSTANCES: PRE-JUDGMENT INTEREST: APPROPRIATE RATE
Indemnity
Insurance Company of North America v. Hanjin Shipping Company
United States Court of Appeals for the Seventh Circuit: Circuit Judge Diane
P. Wood: 348 F.3d 628: October 31 2003
SHIPPING AND TRANSPORT: COMMON CARRIERS: CLAUSE PARAMOUNT: BAILMENTS: CUSTOMS:
HAGUE RULES: DELIVERY: VALID DELIVERY: INTERMODAL BILLS OF LADING
Transport Insurer of M. GmbH v. D. Railroad AG
German Federal Supreme Court (Bundesgerichtshof
– BGH): Ullmann, v. Ungern-Sternberg, Bornkamm, Pokrant, Schaffert; TranspR
2003, 453: June 26th, 2003 – I ZR 206/00
CIM Art. 40. 3: CMR Art. 23.4: international railroad and road
transport: theft of untaxed cigarettes: tax as recoverable loss
Williams v. Wilmington Trust
Company
United States Court of Appeals for the Second Circuit: Judges Calabresi,
Katzmann and Pollack: No. 02-9452, 2003 U.S. App. LEXIS 19931: September 25 2003
Maritime: Wages: seaman: Wage penalty:
registered owner: Bareboat charterer: whether registered owner or bareboat
charterer responsible for wage penalty
ICL Shipping Ltd
and Steamship Mutual Underwriting Association (Bermuda) Ltd v Chin Tai Steel
Enterprise Co Ltd and others
English Commercial Court: Colman J.: 10 October 2003
COLLISION: SHIP AND CARGO LOST: CARGO ARREST SISTER SHIP IN SINGAPORE: P&I
CLUB SECURITY PROVIDED IN SINGAPORE: LIABILITY TO BE DETERMINED BY LONDON
ARBITRATION: SUBSTANTIAL AWARD IN FAVOUR OF CARGO: MARITIME CLAIMS CONVENTION
1976: LIMITATION PROCEEDINGS COMMENCED IN ENGLAND: WHETHER CONVENTION APPLIES TO
ARBITRATION PROCEEDINGS: WHETHER INJUNCTION POSSIBLE AGAINST CARGO ENFORCING
SINGAPORE SECURITY
Hawk Shipping Ltd v Cron
Navigation Ltd
English Commercial Court: Toulson J.: 11 July 2003
ARBITRATION: TIMECHARTER: WRONGFUL WITHDRAWAL: CALCULATION OF LOSS: availability
of alternative vessel
Sander v. Alexander
Richardson Investments
United States Court of Appeals for the Eighth Circuit: 334 F.3d 712: Judges
Hansen, Riley, and Chief Judge Beam: July 1, 2003
Admiralty: Exculpatory Clauses:
Negligence: Yacht Club: Slip Agreement: Whether Exculpatory Provision In Slip
Rental Agreement Enforceable
Ocean Marine Navigation
Limited v Koch Carbon Inc ("The Dynamic")
English Commercial Court: Simon J: 31 July 2003
TIMECHARTERPARTY: ARREST BY CHARTERERS DURING CHARTER PERIOD: WHETHER HIRE
CONTINUED WHILST VESSEL UNDER ARREST: CHARTER CLAUSE PROVIDED THAT HIRE NOT
PAYABLE UNLESS ARREST A CONSEQUENCE OF ACT OF CHARTERERS: IMPROPER REDELIVERY:
WHETHER REPUDIATORY BREACH: WHETHER OWNERS BOUND TO ACCEPT BREACH: OWNERS’
RIGHTS TO AFFIRM THE CONTRACT
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’
Admiral Chartering Ltd
v Owners of Ship or Vessel "Rainbow Spring"
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA, Judith
Prakash J: 29 July 2003
ARREST OF DEFENDANT’S VESSEL FOR ACTION IN REM BASED ON TIME CHARTERPARTY –
WHETHER DEFENDANT WAS CONTRACTING OWNER UNDER TIME CHARTERPARTY SO THAT IN REM
JURISDICTION AGAINST VESSEL WAS ESTABLISHED – WHETHER WARRANT OF ARREST TO BE
SET ASIDE IN THE EVENT OF NON-DISCLOSURE OF MATERIAL FACTS
Garry Ammar v. United States of America
United States Court of Appeals for the Second Circuit: Judges: Van
Graafeiland, Kearse and B.D. Parker, Jr.: 342 F.3d 133: August 29, 2003
Jones Act: Unseaworthiness:
Maintenance: Contributory Negligence: Assumption of Risk: Discounting Future
Pecuniary Awards
(1) Petroleo Brasileiro SA v. Kriti Akti Shipping Co SA ; (2) Kriti
Akti Shipping Co SA v.
Petroleo Brasileiro SA (The ‘Kriti Akti’).
English Commercial Court: Moore-Bick J: [2003 EWHC 1634 (Comm)]: 9 July 2003
Time charter: Shelltime 3 form: legitimate last voyage: option to extend charter
period:
whether "period of this charter" (cl.18) includes optional extensions
Mullane v. Chambers (The "Lady
B Gone")
U.S. Court of Appeals for the First Circuit: 333 F.3rd 322, 2003 U.S. App.
LEXIS 13032: Cyr and Stahl, Senior Circuit Judges, Lynch, Circuit Judge: 27 June
2003
SHIP SALE: "DOCUMENTED VESSEL": DELAY IN FILING BILL OF SALE: WHETHER
CREDITOR OF SELLER HAS PRECEDENCE OVER BUYER
ABC Co v XYZ Co Ltd
Singapore High Court: Judith Prakash J: unreported: 8 May 2003)
ARBITRATION: APPLICATION TO SET ASIDE AWARD UNDER ARTICLE 34 OF THE MODEL LAW:
WHETHER APPLICANT MAY ADD NEW GROUNDS FOR SETTING ASIDE AFTER EXPIRY OF THREE
MONTHS
Feoso Maritime Co Ltd v Faith
Maritime Co Ltd; The "Daphne L"
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA, Belinda Ang
Saw Ean J: 25 August 2003)
switched bill of lading issued without
carrier’s authority: WHETHER CARRIER CAN MAINTAIN CONTRACTUAL LIEN
AGAINST CARGO OWNER WHO WAS NOT HOLDER OF ORIGINAL BILL OF LADING: WHETHER demurrage
AND LIEN CLAUSES IN CHARTERPARTY INCORPORATED INTO ORIGINAL BILL OF LADING:
WHETHER VESSEL WAS AN ARRIVED SHIP
Astra Oil Company, Inc. v. Rover
Navigation, Ltd.
United States Court of Appeals for the Second Circuit: Jacobs and Sotomayor,
Judges: No. 02-9388: 2003 U.S. App. LEXIS 19670 (2d Cir. September 2003) (not
yet officially reported): 22 September 2003
Shipping: Charter party: Arbitration:
When May A Non-Party Compel Arbitration?
Weintraub &
Sons, Inc. v. E.T.A. Transportation, Inc.
United States District Court for the Southern District of New York: 2003
U.S. Dist. LEXIS 14851 (not yet officially reported): 28 August 2003
Shipping: Carriage of goods by sea act:
Freight Forwarder: Common Carrier: Agent: Bills of Lading: Whether Defendant was
a Freight Forwarder or Common Carrier
Otto Candies v. Nippon Kaiji Kyokai Corp.
United States Court of Appeals for the Fifth Circuit: Judges Jones,
Benavides and Kazen: September 2003
Shipping: Classification society,
negligent misrepresentation, classification certificates
Duferco International Steel Trading v. T. Klaveness Shipping A/S
United States Court of Appeals for the Second Circuit: Judges Feinberg,
Cardamone, and Sack: 333 F.3d 383: June 24 2003
time charter: voyage charter: safe-berth warranty: indemnity
Arbitration: Manifest disregard of the law: arbitration award: vacatur/set
aside: vouching-in: collateral estoppel: plausible reading of the award: whether
should also be ‘probable’
UCO Bank v Golden Shore
Transportation Pte Ltd; The "Asean Pioneer"
Singapore High Court: Woo Bih Li, J: 25 June 2003
forum: whether bill of lading clause a
jurisdiction clause: whether strong cause against stay: use of switched bills of
lading: delivery without production of bills of lading: whether defence of
consent or acquiescence
BNP Paribas v Bandung Shipping Pte Ltd; The "Victoria Cob"
Singapore High Court: Belinda Ang J: 12 May 2003
DELIVERY OF CARGO WITHOUT PRODUCTION OF BILL OF LADING: BANK’S TITLE TO SUE IN
CONTRACT AND FOR CONVERSION: USE OF SWITCHED BILLS OF LADING: BANK BECOMING
HOLDER OF BILLS OF LADING AFTER DELIVERY OF CARGO: WHETHER BILLS OF LADING SPENT
OR EXHAUSTED: WHETHER CARGO WAS PLEDGED TO BANK: WHETHER BANK AUTHORISED
DELIVERY WITHOUT BILLS OF LADING
Glencore International AG v. Owners of the "Cherry", the
"Epic" and the "Addax"
Singapore Court of Appeal: Yong Pung How CJ, Chao Hick Tin JA, Judith Prakash J:
12 November 2002: [2003] 1 SLR 471
NON-DISCHARGE OF OIL AT DESTINATION: LIABILITY UNDER BILL OF LADING AND FOR conversion: WHETHER CLAIMANT
HAD TITLE TO SUE FOR CONVERSION: WHETHER SHIPOWNERS
ENTITLED TO FOLLOW TIME CHARTERERS’ INSTRUCTIONS: WHETHER NON-DISCHARGE WAS
EFFECTIVE CAUSE OF CLAIMANT’S LOSS
Stevens Shipping &
Terminal Co. v. Japan Rainbow II MV
Fifth Circuit Court of Appeals: Circuit Judges Duhe, Garza, and DeMoss
vessel on Charter: Charterparty
contained a no-lien Clause: Services rendered to vessel for account of charterer:
charterer defaults: service provider claims maritime lien against vessel: notice
of no-lien clause faxed by owners to service provider in advance of render of
services: Denial of receipt: Telefax sheet confirming delivery: whether good
evidence of receipt by service provider of actual knowledge of no lien clause
Welex
AG v Rosa Maritime Limited
English Court of Appeal: Brooke, May and Tuckey LJJ.: 3 July 2003
VOYAGE CHARTERPARTY: BILLS OF LADING ON CONGENBILL FORM: WHETHER CHARTERPARTY
LAW AND JURISDICTION CLAUSE INCORPORATED: SPECIFIC WORDS OF INCORPORATION:
WHETHER CHARTERPARTY EXISTED
Siboti
K/S v BP France SA
English Commercial Court: Gross J.: 11 June 2003
VOYAGE CHARTERPARTY: BILLS OF LADING TO INCORPORATE EXCLUSIVE DISPUTE RESOLUTION
CLAUSE OF CHARTERPARTY: ONLY GENERAL WORDS OF INCORPORATION IN BILLS OF LADING:
CONSTRUCTION OF BILLS OF LADING: IRRELEVANCE OF CHARTERPARTY: ABSENCE OF CLEAR
INTENTION TO INCORPORATE CHARTERPARTY DISPUTE RESOLUTION CLAUSE
GKN Westland
Helicopters Limited and another v Korean Air and another
English Commercial Court: Morison J.: 19 May 2003
CARRIAGE BY AIR: DAMAGE TO CARGO: WARSAW CONVENTION: LIMITATION: CLAIMANT’S
RIGHT TO RECOVER COSTS: ART. 22(4): PAYMENT IN: MEANING OF "DAMAGES"
Jarl Trä AB and others v
Convoys Limited
English High Court: Moore-Bick, J.; 25 June 2003
CONTRACT OF CARRIAGE: RIGHT TO SUB-CONTRACT "ON ANY TERMS":
SUB-BAILMENT: SUB-CONTRACTORS’ GENERAL LIEN CLAUSE: WHETHER GENERAL LIEN
ENFORCEABLE AGAINST CARGO OWNERS: WHETHER GENERAL LIEN CLAUSE UNREASONABLE OR
UNUSUAL: EXTENT OF GENERAL LIEN
Okta Crude Oil Refinery AD v
Mamidoil-Jetoil; Greek Petroleum Co. SA v. Moil-Coal Trading Co. Ltd.
English Court of Appeal: Vice-Chancellor, Lady Justice Arden, Lord Justice
Longmore: [2003] EWCA Civ 1031: 17 July 2003
breach of oil handling contract: defence
of force majeure: whether ministerial letters were "requests of