Shipping & Transport
DMC/SandT/24/11
England
Celestial Aviation Services Limited & Others v UniCredit Bank GmbH, London Branch
Court of Appeal: Males, Snowden and Falk LJJ: [2024] EWCA Civ 628: 11 June 2024 : for the note on the case, click here
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2024/628.html
STANDBY LETTERS OF CREDIT: CIVIL AIRCRAFT LEASES: SANCTIONS: UK SANCTIONS PROHIBITING PROVISION OF FINANCIAL SERVICES “IN CONNECTION WITH” EXPORT OR SUPPLY OF AIRCRAFT TO RUSSIA: WHETHER CONFIRMING BANK OBLIGED TO PAY BENEFICIARIES PENDING LICENCE BEING GRANTED UNDER UK SANCTIONS: RUSSIA (SANCTIONS) (EU EXIT) REGULATIONS 2019
DMC/SandT/24/10
England
SY Roro 1 Pte Ltd & Another v Onorato Armatori S.r.l. & Others (The “Alf Pollak” and “Maria Grazia Onorato”)
English Commercial Court: Sir William Blair: [2024] EWHC 611 (Comm): 21 March 2024: SY Roro 1 & Anor v Onorato Armatori & Ors (The “Alf Pollak” and “Maria Grazia Onorato”)
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2024/611.html
BAREBOAT CHARTERS: WHETHER CHARTERS VALIDLY TERMINATED BY OWNERS FOR BREACH BY CHARTERERS’ GROUP GUARANTORS: WHETHER SUB-CHARTERERS AND SUB-SUB-CHARTERERS ENTITLED TO RELIEF FROM FORFEITURE (THAT IS, NOT TO LOSE POSSESSION AND CONTROL OF THE VESSELS, WHICH WOULD REQUIRE THE COURT TO IMPOSE NEW CHARTERS BETWEEN HEAD OWNERS, SUB-CHARTERERS AND SUB-SUB-CHARTERERS): IMPACT OF NON-COMPLIANCE BY HEAD CHARTERERS WITH ARBITRAL TRIBUNAL’S ORDER TO REDELIVER VESSELS TO HEAD OWNERS
DMC/SandT/24/09
England
Rhine Shipping DMCC v Vitol SA (The “Dijilah”).
English Court of Appeal: Underhill, Asplin and Popplewell LJJ: [2024] EWCA Civ 580: 23 May 2024:[[1]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2024/580.html
VOYAGE CHARTER: BPVOY4 FORM: DELAY TO LOADING OF CARGO AT SECOND LOADPORT: DELAY CAUSED INCREASE IN COST OF PURCHASING CARGO: WHETHER CHARTERERS’ “GAIN” FROM ENTERING INTO INTERNAL HEDGING ARRANGEMENTS FOLLOWING OWNERS’ BREACH OF CHARTER WAS TO BE BROUGHT INTO ACCOUNT TO REDUCE CHARTERERS’ LOSS
DMC/SandT/24/08
England
MUR Shipping BV v RTI Ltd
United Kingdom Supreme Court: Lords Hodge, Lloyd-Jones, Hamblen, Burrows and Richards: [2024] UKSC 18: 15 May 2024:[[2]]
Judgment Available on BAILII @ https://www.bailii.org/uk/cases/UKSC/2024/18.html
CONTRACT OF AFFREIGHTMENT (“COA”): US RUSSIAN SANCTIONS PROVISIONS PREVENTED PAYMENT OF FREIGHT IN US DOLLARS, AS PROVIDED BY THE COA: FORCE MAJEURE EVENT: WHETHER FORCE MAJEURE EVENT COULD HAVE BEEN “OVERCOME BY REASONABLE ENDEAVOURS”: WHETHER “REASONABLE ENDEAVOURS” EXTENDED TO ACCEPTING FREIGHT PAYMENTS IN (NON-CONTRACTUAL) EUROS INSTEAD OF (CONTRACTUAL) US DOLLARS: ARBITRATION ACT 1996 SECTION 69 APPEAL ON A POINT OF LAW
DMC/SandT/2024/07
Singapore
Marchand Navigation Co v Olam Global Agri Pte Ltd and Sinco Shipping Pte Ltd (The “Maria Theo 1”)
General Division of the High Court: Justice Kwek Mean Luck: [2023] SGHC 339: 29 November 2023:[[3]]
Judgment available at: https://www.elitigation.sg/gd/s/2023_SGHC_339
LIEN: WHETHER OWNERS ENTITLED TO EXERCISE THE LIEN PURSUANT TO CLAUSE 18 NYPE 1946 FORM OVER DEMURRAGE DUE TO HEAD-CHARTERERS UNDER SUB-CHARTER
ARBITRATION: ARBITRATION CLAUSE PROVIDING FOR “ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT“ TO BE EXCLUSIVELY REFERRED TO ARBITRATION IN LONDON: WHETHER COURT PROCEEDINGS SHOULD BE STAYED IN FAVOUR OF ARBITRATION: WHAT CONSTITUTES A “DISPUTE”
DMC/SandT/24/06
England
Southeaster Maritime Ltd v Trafigura Maritime Logistics Pte Ltd (The “Aquafreedom”)
English Commercial Court: Jacobs J: [2024] EWHC 255 (Comm): 8 February 2024:[[4]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2024/255.html
TIME CHARTER: WHETHER TIME CHARTER CONCLUDED: IMPACT OF A “SUBJECT” OF “CHARTERERS’ MANAGEMENT APPROVAL” WHERE “ALL TERMS” NOT AGREED BY THE PARTIES BEFOREHAND: APPLICATION FOR DECLARATION THAT NO LEGALLY BINDING CONTRACT CONCLUDED
DMC/SandT/24/05
England
MSC Mediterranean Shipping Company S.A. v Conti 11. Container Schiffahrts – GmbH & Co KG MS & Others (The “MSC Flaminia” (No. 2))
English Court of Appeal: Males and Falk LJJ and Sir Launcelot Henderson: [2023] EWCA Civ 1007: 1 September 2023:[[5]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2023/1007.html
TIME CHARTER: 1976 CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS: WHETHER TIME CHARTERERS ENTITLED TO LIMIT THEIR LIABILITY UNDER ARTICLE 2 OF 1976 CONVENTION AGAINST HEAD OWNERS FOR CONSEQUENCES OF EXPLOSION LEADING TO FIRE ON BOARD VESSEL, DESTROYING HUNDREDS OF CONTAINERS, CAUSING EXTENSIVE DAMAGE TO VESSEL AND INCURRING SUBSTANTIAL EXPENSES RELATED TO REPAIRS TO VESSEL: APPEAL ON A QUESTION OF LAW'
DMC/SandT/24/04
England
JB Cocoa SDN BHD & Others v Maersk Line AS (The “Maersk Chennai”)
English Commercial Court: HHJ Keyser KC: [2023] EWHC 2203 (Comm): 5 September 2023: [[6]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/2203.html
CLAIM FOR CARGO DAMAGE ARISING AFTER DISCHARGE: LIABILITY OF CARRIER: WHETHER EXCLUSION CLAUSE IN BILL OF LADING VALID
DMC/SandT/24/03
England
Herculito Maritime Limited v Gunvor International BV (The “Polar”)
UK Supreme Court: Lord Hodge, Lord Hamblen, Lord Leggatt, Lady Rose and Lord Richards: [2024] UKSC 2: 17 January 2024:[[7]]
Judgment Available on BAILII @ https://www.bailii.org/uk/cases/UKSC/2024/2.html/
BILL OF LADING: VOYAGE CHARTER: WHETHER BILLS OF LADING INCORPORATED CHARTERPARTY “CODE” BY WHICH CHARTERERS’ OBLIGATION TO PAY ADDITIONAL WAR RISKS INSURANCE PREMIA HAD ENTITLED THE BILL OF LADING HOLDERS TO THE BENEFIT OF THE WAR RISK INSURANCES: WHETHER BILL OF LADING HOLDERS LIABLE TO COMPENSATE OWNERS FOR CARGO’S PROPORTION OF GENERAL AVERAGE ARISING FROM PAYMENT OF RANSOM TO PIRATES: ARBITRATION ACT 1996 SECTION 69 APPEAL ON QUESTION OF LAW
DMC/SandT/24/02
England
Litasco SA v Der Mond Oil & Gas Africa SA
English Commercial Court: Foxton J: [2023] EWHC 2866 (Comm): 15 November 2023:[[8]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/2866.html
APPLICATION FOR SUMMARY JUDGMENT ON CLAIM FOR UNPAID PART OF PURCHASE PRICE FOR CRUDE OIL: TRADE SANCTIONS: WHETHER APPLICABLE UNDER RELEVANT CONTRACT: WHETHER 2019 REGULATIONS APPLIED: WHETHER PRESIDENT PUTIN'S POSITION AS HEAD OF A COMMAND ECONOMY MEANT THAT HE WAS IN "CONTROL" OF ANY PARTY TO THESE PROCEEDINGS: WHETHER THERE WAS ANY COMPELLING REASON WHY THE DISPUTE SHOULD GO TO TRIAL
DMC/SandT/24/01
England
Mercuria Energy Trading Pte Ltd v Raphael Cotoner Investments Limited (The “Afra Oak”)
English Commercial Court: Sir Nigel Teare: [2023] EWHC 2978 (Comm): 23 November 2023:[[9]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/2978.html
VOYAGE CHARTER: EXXONVOY FORM: US COGSA INCORPORATED: CHARTERERS ORDERED VESSEL ONCE LADEN TO AWAIT FURTHER ORDERS AT SINGAPORE EOPL: MASTER CHANGED ANCHORAGE LOCATION AFTER DEPARTING LOADING PORT AND ANCHORED ILLEGALLY IN INDONESIAN TERRITORIAL WATERS CAUSING PROLONGED DETENTION: WHETHER SECTION 4(2)(A) OF US COGSA/ARTICLE IV(2)(A) OF HAGUE RULES PROVIDED A DEFENCE IN SUCH CIRCUMSTANCES: APPEAL FROM FINAL AWARD ON QUESTION OF LAW UNDER SECTION 69 OF ARBITRATION ACT 1996
DMC/SandT/23/10
England
Star Axe I LLC v Royal & Sun Alliance Luxembourg S.A. and Others (The “Star Antares”)
English Commercial Court: Butcher J: [2023] EWHC 2784 (Comm): 10 November 2023:[[10]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/2784.html
BILLS OF LADING: CONGENBILL 1994 FORM: GENERAL AVERAGE (“GA”): YORK-ANTWERP RULES (“YAR”): WHETHER YAR 1994 OR YAR 2016 APPLIED TO ADJUSTMENT, STATEMENT AND SETTLMENT IN LONDON OF GA INCIDENT ARISING IN 2021
DMC/SandT/23/09
England
FIMBank plc v KCH Shipping Co Ltd (The “Giant Ace”)
English Court of Appeal: Males, Popplewell and Nugee LJJ: [2023] EWCA Civ 569: 24 May 2023:[[11]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2023/569.html
BILLS OF LADING: MISDELIVERY OF CARGO: WHETHER TIME LIMIT FOR CLAIMS AGAINST THE CARRIER IN ARTICLE III, RULE 6 OF THE HAGUE VISBY RULES APPLIES TO CLAIMS FOR MISDELIVERY OF CARGO AFTER DISCHARGE FROM THE VESSEL: ARBITRATION ACT 1996 SECTION 69 APPEAL ON A POINT OF LAW
DMC/SandT/23/08
England
Smart Gain Shipping Co Ltd v Langlois Enterprises Ltd (The “Globe Danae”)
English Commercial Court: Sir Ross Cranston, sitting as a High Court Judge: [2023] EWHC 1683 (Comm): 5 July 2023:[12]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/1683.html
TIME CHARTER: ONE TIME CHARTER TRIP: HULL FOULING CLAUSE: VESSEL REDELIVERED WITH FOULED HULL AFTER PROLONGED STAY AT DISCHARGE PORT IN TROPICAL WATERS: WHETHER OWNERS ENTITLED TO CLAIM AS A DEBT THE TIME USED TO CLEAN HULL AT NET HIRE RATE OR CONFINED TO A CLAIM FOR DAMAGES FOR ANY LOSS OF USE OF THE VESSEL: APPEAL ON QUESTION OF LAW PURSUANT TO SECTION 69 OF THE ARBITRATION ACT 1996
DMC/SandT/23/07
England
Rhine Shipping DMCC v Vitol S.A. (The “Dijilah”) DMC/SandT/23/08
England
Smart Gain Shipping Co Ltd v Langlois Enterprises Ltd (The “Globe Danae”)
English Commercial Court: Sir Ross Cranston, sitting as a High Court Judge: [2023] EWHC 1683 (Comm): 5 July 2023
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/1683.html
Nigel Jacobs KC (instructed by Winter & Co Solicitors LLP) for Smart Gain Shipping (Charterers)
Stewart Buckingham KC and Tom Nixon (instructed by Ince & Co) for Langlois Enterprises (Owners)
TIME CHARTER: ONE TIME CHARTER TRIP: HULL FOULING CLAUSE: VESSEL REDELIVERED WITH FOULED HULL AFTER PROLONGED STAY AT DISCHARGE PORT IN TROPICAL WATERS: WHETHER OWNERS ENTITLED TO CLAIM AS A DEBT THE TIME USED TO CLEAN HULL AT NET HIRE RATE OR CONFINED TO A CLAIM FOR DAMAGES FOR ANY LOSS OF USE OF THE VESSEL: APPEAL ON QUESTION OF LAW PURSUANT TO SECTION 69 OF THE ARBITRATION ACT 1996
English Commercial Court: Simon Birt KC, sitting as a Deputy Judge of the High Court: [2023] EWHC 1265 (Comm): 26 May 2023:[[13]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/1265.html
VOYAGE CHARTER: BPVOY4 FORM: CLAUSE 13 INDEMNITY: ALSO WARRANTY THAT OWNERS, MANAGERS, DISPONENT OWNERS AND VESSEL FREE OF LEGAL ISSUES: PROPERTY ON VESSEL ARRESTED: DELAY TO LOADING OF CARGO AT SECOND LOADPORT: DELAY CAUSED INCREASE IN COST OF PURCHASING CARGO: WHETHER INDEMNITY AND WARRANTY APPLIED: WHETHER LOSS TOO REMOTE OR WHETHER NO ASSUMPTION OF RESPONSIBILITY BY OWNERS: WHETHER CHARTERERS’ “GAINS” FROM ENTERING INTO INTERNAL HEDGING ARRANGEMENTS FOLLOWING OWNERS’ BREACH OF CHARTER TO BE BROUGHT INTO ACCOUNT: WHETHER CLAIMS UNDER INDEMNITY SUBJECT TO REMOTENESS OF LOSS RULES FOR BREACH OF CONTRACT
DMC/SandT/23/06
England
Unicredit Bank AG v Euronav NV (The “Sienna”)
English Court of Appeal: [2023] EWCA Civ 471: Asplin, Popplewell and Falk LJJ.: 4 May 2023:[[14]]
CLAIM UNDER BILL OF LADING (“BL”) FOR DELIVERY OF CARGO WITHOUT PRODUCTION OF ORIGINAL BL: BL ‘MERE RECEIPT’ WHILE IN HANDS OF CHARTERER/SELLER: CHARTERER NOVATED CHARTERPARTY TO THE BUYER: BL SUBSEQUENTLY ENDORSED BY THE CHARTERER TO THE BANK, AFTER DISCHARGE OF CARGO: WHETHER BL WAS A CONTRACT OF CARRIAGE, GIVING THE BANK RIGHTS AGAINST THE OWNERS: WHETHER, IF SO, DELIVERY OF CARGO WITHOUT PRODUCTION OF THE BL WAS CAUSATIVE OF THE LOSS
DMC/SandT/23/05
England
Trafigura Pte Ltd v TKK Shipping Pte Ltd (The “Thorco Lineage”)
English Commercial Court: Sir Nigel Teare: [2023] EWHC 26 (Comm): 12 January 2023:[[15]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/26.html
BILL OF LADING: VESSEL GROUNDED DUE TO LOSS OF POWER LEADING TO SALVAGE OF VESSEL AND CARGO: SALVORS EXERCISED A MARITIME LIEN ON CARGO: CARGO INTERESTS OBLIGED TO PUT UP SECURITY TO OBTAIN CARGO: CARGO INTERESTS ALSO INCURRED EXPENSE TO ON-SHIP CARGO TO INTENDED PORT OF DISCHARGE: WHETHER ARTICLE IV(5)(A) OF THE HAGUE-VISBY RULES REGARDING FINANCIAL LIMITS OF LIABILITY OF CONTRACTUAL CARRIERS BASED UPON THE WEIGHT OF THE “GOODS LOST OR DAMAGED” INCLUDED ALSO GOODS THAT WERE ECONOMICALLY DAMAGED, NOT JUST THOSE PHYSICALLY LOST OR DAMAGED BY THE CASUALTY: DETERMINATION OF A POINT OF LAW UNDER SECTION 45 OF THE ARBITRATION ACT 1996
DMC/SandT/23/04
England
Pan Ocean Co Ltd v Daelim Corporation (The “DL Lilac”)
English Commercial Court: Sir Ross Cranston: [2023] EWHC 391 (Comm): 24 January 2023: [[16]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/391.html
TRIP TIME CHARTER: AMENDED NYPE 93 FORM: HOLD INSPECTION PERIOD OFF-HIRE CLAUSE: HOLDS FAILED INITIAL INSPECTION: HOLDS RECLEANED AND MASTER REQUESTED REINSPECTION: CHALLENGE TO FINAL AWARD IN OWNERS’ FAVOUR FOR LOSS OF HIRE AND COST OF BUNKERS CONSUMED FOR BREACH OF IMPLIED TERM THAT CHARTERERS WOULD ARRANGE FOR PROMPT REINSPECTION OF HOLDS: APPEAL ON QUESTION OF LAW UNDER SECTION 69 OF THE ARBITRATION ACT 1996
DMC/SandT/23/03
England
UniCredit Bank AG v Euronav NV (“The Sienna”)
English Commercial Court: [2022] EWHC 957 (Comm) 28 April 2022: [[17]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/957.html
CARRIAGE OF FUEL OIL: VOYAGE CHARTERPARTY: NOVATION OF CHARTERPARTY TO NEW CHARTERERS: FAILURE TO ENDORSE THE BILL OF LADING: TITLE TO SUE SHIPOWNERS FOR MISDELIVERY: NEW CHARTERERS HAVING “LIQUIDITY DISTRESS: WHETHER A NEW CONTRACT “SPRANG UP” WHERE THE BILL OF LADING AS A RECEIPT WAS NOT ENDORSED
DMC/SandT/23/02
England
Fastfreight Pte Ltd v Bulk Trident Shipping Ltd (The “Anna Dorothea”)
English Commercial Court: Henshaw J: [2023] EWHC 105 (Comm): 24 January 2023:[[18]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/105.html
TIME CHARTER TRIP: CHALLENGE TO PARTIAL FINAL AWARD FOR HIRE NOT PAID IN RELATION TO PURPORTED COVID-19 RELATED OFF-HIRE EVENT: WHETHER NON-PAYMENT A ‘DEDUCTION’ UNDER A PROVISION THAT PROVIDED FOR NO DEDUCTIONS FROM HIRE (INCLUDING FOR OFF-HIRE OR ALLEGED OFF-HIRE) WITHOUT OWNERS’ CONSENT: APPEAL ON QUESTION OF LAW UNDER SECTION 69 OF THE ARBITRATION ACT 1996
DMC/SandT/23/01
England
FIMBank plc v KCH Shipping Co Ltd (The “Giant Ace”)
English Commercial Court: Sir William Blair: [2022] EWHC 2400 (Comm): 28 September 2022: [[19]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/2400.html
BILLS OF LADING: MISDELIVERY OF CARGO: WHETHER TIME LIMIT FOR CLAIMS AGAINST THE CARRIER IN ARTICLE III, RULE 6 OF THE HAGUE VISBY RULES APPLIES TO CLAIMS FOR MISDELIVERY OF CARGO AFTER DISCHARGE FROM THE VESSEL: ARBITRATION ACT 1996 SECTION 69 APPEAL ON A POINT OF LAW
DMC/SandT/22/18
England
CM P-Max III Ltd v Petroleos del Norte SA (The “Stena Primorsk”)
English Commercial Court: HHJ Bird: [2022] EWHC 2147 (Comm): 12 August 2022: [[20]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/2147.html
VOYAGE CHARTER: SHELLVOY 6 FORM: DEMURRAGE: WHETHER DRAUGHT SUFFICIENT FOR VESSEL TO BERTH AND TO REMAIN ALWAYS SAFELY AFLOAT WHILST DISCHARGING CARGO: UNDER KEEL CLEARANCE (“UKC”) POLICY: WHETHER REFUSAL TO WAIVE BREACH OF UKC POLICY JUSTIFIED: VALIDITY OF NOTICE OF READINESS: WHETHER FREE PRATIQUE GRANTED BY DEFAULT
DMC/SandT/22/17
England
MUR Shipping BV v RTI Ltd
English Court of Appeal: Newey, Males & Arnold LLJ: [2022] EWCA Civ 1406: 27 October 2022: [[21]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/467.html
CONTRACT OF AFFREIGHTMENT: FORCE MAJEURE EVENT: US RUSSIAN SANCTIONS PREVENTED PAYMENT OF FREIGHT IN US DOLLARS: WHETHER “REASONABLE ENDEAVOURS” EXTENDED TO ACCEPTING PAYMENT IN (NON-CONTRACTUAL) EUROS INSTEAD OF (CONTRACTUAL) US DOLLARS: WHETHER OWNERS OBLIGED TO “OVERCOME” FORCE MAJEURE EVENT BY ACCEPTING ALTERNATIVE PERFORMANCE OF PAYMENT OBLIGATION: ARBITRATION ACT 1996 SECTION 69 APPEAL ON A POINT OF LAW
DMC/SandT/22/16
England
Eastern Pacific Chartering Inc v Pola Maritime Ltd (The “Divinegate”)
English Commercial Court: Deputy Judge Clare Ambrose: [2022] EWHC 2095 (Comm): 10 August 2022:[[22]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/2095.html
TIME CHARTER TRIP: BALANCE HIRE, BUNKERS AND EXPENSES CLAIMED BY OWNERS: WHETHER CHARTERERS COULD ANSWER CLAIM BY WAY OF COUNTERCLAIMS: DAMAGES CLAIM IN TORT FOR ALLEGED WRONGFUL VESSEL ARREST: ALLEGED UNDERPERFORMANCE OF VESSEL ON VOYAGE
DMC/SandT/22/15
England
OCM Maritime Nile LCC & Another v Courage Shipping Co & Others (The “Courage” and “Amethyst”)
English Court of Appeal: Underhill, Newey & Males LLJ: [2022] EWCA Civ 1091: 29 July 2022:[[23]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2022/1091.html
BAREBOAT CHARTERPARTIES: BARECON 2001: DEFAULT EVENTS: US IRANIAN SANCTIONS AGAINST SOLE BENEFICIAL OWNER AND DIRECTOR OF CHARTERERS: TERMINATION OF CHARTERS: WHETHER OWNERS HAD RIGHT TO REPOSSESS VESSELS UNDER CLAUSE 46: WHETHER CHARTERERS ENTITLED TO RELIEF AGAINST FORFEITURE
DMC/SandT/22/14
England
Ai Giorgis Oil Trading Ltd v AG Shipping & Energy Pte Ltd (The “Marquessa”)
English Commercial Court: Henshaw J: [2021] EWHC 2319 (Comm): 17 August 2021:[[24]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2021/2319.html
TIME CHARTER: TERMINATION: CLAIM FOR UNPAID HIRE: EFFECT OF SUSPENSION OF VESSEL’S PERFORMANCE ON RIGHT TO HIRE: CLAIM FOR DAMAGES CONSEQUENT ON VESSEL HAVING TO COMPLETE THE CARRYING VOYAGE FOR CARGO LOADED ON CHARTERERS’ ORDERS BEFORE OWNERS TERMINATED CHARTER ON BASIS OF CHARTERERS’ REPUDIATION OR RENUNCIATION: SUMMARY JUDGMENT ON MERITS
DMC/SandT/22/13
England
NKD Maritime Ltd v Bart Maritime (No. 2) Inc (The “Shagang Giant”)
English Commercial Court: Butcher J: [2022] EWHC 1615 (Comm): 24 June 2022:[[25]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/1615.html
VESSEL SALE AND PURCHASE AGREEMENT (“MOA”): SHIPBREAKING: BUYER PAID INITIAL PAYMENT DUE TO SELLER UNDER MOA: BUYER LATER TERMINATED THE MOA AND CLAIMED BACK THE INITIAL PAYMENT: SELLER ACCEPTED TERMINATION AS REPUDIATION OF MOA AND CLAIMED DAMAGES FOR BREACH: WHETHER TERMINATION OF MOA VALID: WHETHER LOCKDOWN MEASURES OR RESTRICTIONS IMPOSED BY INDIAN GOVERMENT AS A RESULT OF THE ONSET OF COVID-19 CONSTITUTED OR GAVE RISE TO A RELEVANT FORCE MAJEURE EVENT
DMC/SandT/22/12
England
Pacific Pearl Co Ltd v Osios David Shipping Ltd (The “Panamax Alexander” and “Osios David”)
English Court of Appeal: Lewison, Males and Snowden LLJ: [2022] EWCA Civ 798: 14 June 2022:[[26]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2022/798.html
COLLISION BETWEEN SHIPS: SECURITY AND JURISDICTION: STANDARD FORM WORDINGS OF ADMIRALTY SOLICITORS’ GROUP: ASG 1 – LETTER OF UNDERTAKING (“LOU”): ASG 2 – COLLISION JURISDICTION AGREEMENT: FORMS DESIGNED TO BE USED TOGETHER: PER ASG 2, SECURITY TO BE PROVIDED “IN A REASONABLY SATISFACTORY FORM TO THE OTHER [PARTY]”: WHETHER ADDITION OF INTERNATIONAL GROUP OF P&I CLUBS’ APPROVED SANCTIONS CLAUSE TO ASG 1 LOU WORDING RENDERED IT UNSATISFACTORY: WHETHER A PARTY IS OBLIGED TO ACCEPT REASONABLY SATISFACTORY SECURITY
DMC/SandT/22/11
England
Nautical Challenge Ltd v Evergreen Marine (UK) Limited [2022] EWHC 206 (Admlty)
High Court of Justice, Queen’s Bench Division, Admiralty Court: Sir Nigel Teare, with Commodore Walworth and Captain Barker, Elder Brethren of Trinity House, as Nautical Assessors: [[27]]
COLLISION: APPORTIONMENT OF LIABILITY: CONVENTION ON THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA 1972 (COLREGS): CROSSING RULE (RULE 15): NARROW CHANNEL RULE (RULE 9): ACTION BY GIVE-WAY VESSEL (RULE 16): ACTION BY STAND-ON VESSEL (RULE 17): CAUSATIVE POTENCY: RELATIVE BLAMEWORHTINESS: COMPELLING NECESSITY
DMC/SandT/22/10
England
SK Shipping Europe Ltd v Capital VLCC 3 Corp and Capital Maritime & Trading Corp (The “C Challenger”)
English Court of Appeal: Males, Phillips and Carr LLJ: [2022] EWCA Civ 231: 25 February 2022: [[28]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2022/231.html
TIME CHARTER: SPEED AND CONSUMPTION: REPRESENTATIONS AND WARRANTIES: CONSUMPTION WARRANTY QUALIFIED BY 0.5 KNOT MARGIN: VESSEL UNDERPERFORMED: WHETHER PRE-CONTRACTUAL MISREPRESENTATIONS OF PERFORMANCE “EMBEDDED” IN CHARTER: WHETHER MISREPRESENTATIONS INDUCED CHARTERERS TO ENTER INTO CHARTER: WHETHER CHARTER AFFIRMED BY CHARTERERS ORDERING VESSEL ON LONG VOYAGE DESPITE GENERAL RESERVATION OF RIGHTS
DMC/SandT/22/09
England
DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The “Newcastle Express”)
English Commercial Court: Jacobs J: [2022] EWHC 181 (Comm): 31 January 2022: [[29]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/181.html
VOYAGE CHARTER: WHETHER VOYAGE CHARTER CONCLUDED: WHETHER BINDING ARBITRATION AGREEMENT CONCLUDED: WHETHER ARBITRATOR HAD SUBSTANTIVE JURISDICTION TO MAKE AWARD: WHETHER “SUBJECT SHIPPER/RECEIVERS APPROVAL” OF THE VESSEL PROVISION IN RECAP WAS ITSELF SUBJECT TO “APPROVAL NOT TO BE UNREASONABLY WITHHELD” TERM IN INCORPORATED PROFORMA CHARTER: APPLICATIONS UNDER SECTIONS 67 AND 69 OF ARBITRATION ACT 1996
DMC/SandT/22/08
England
A v B [2021] EWHC 793 (Comm)
English High Court, Queen's Bench Division: Henshaw J: 31 March 2021:[[30]]
Judgment available on BAILII @ https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Comm/2021/793.html&query=(.2021.)+AND+(EWHC)+AND+(793)+AND+((Comm))
SALE OF GOODS: BUYERS MAKING INVALID NOMINATION OF VESSEL AND SELLERS PURPORTING TO TERMINATE CONTRACT: WHETHER INVALID NOMINATION A BREACH OF CONDITION: WHETHER NOMINATED VESSEL HAD TO HAVE BEEN ALREADY CHARTERED BY BUYERS: WHETHER BUYERS’ OBLIGATION TO PROVIDE COPY OF CHARTERPARTY WAS A CONDITION
DMC/SandT/22/07
England
OCM Maritime Nile LCC & Another v Courage Shipping Co & Others (The “Courage” and “Amethyst”)
English Commercial Court: Sir Andrew Smith: [2022] EWHC 452 (Comm): 4 March 2022:[[31]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/452.html
BAREBOAT CHARTERPARTIES: BARECON 2001: DEFAULT EVENTS: US IRANIAN SANCTIONS AGAINST SOLE BENEFICIAL OWNER AND DIRECTOR OF CHARTERERS: TERMINATION OF CHARTERS: WHETHER OWNERS HAD RIGHT TO REPOSSESS VESSELS UNDER CLAUSE 46: WHETHER RIGHT TO REPOSSESSION AN UNENFORCEABLE PENALTY UNDER CLAUSES 28, 29 & 46: WHETHER CHARTERERS ENTITLED TO RELIEF AGAINST FORFEITURE
DMC/SandT/22/06
England
CVLC THREE CARRIER CORP & ANOR v. ARAB MARITIME PETROLEUM TRANSPORT COMPANY [2021] EWHC 551 (Comm)
English High Court: Commercial Court: Mrs Justice Cockerill DBE: 11 March 2021: [[32]]
Judgment available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2021/551.html
CHALLENGE TO ARBITRATION AWARD FOR ERROR OF LAW UNDER S.69 ARBITRATION ACT 1996: WHETHER TRIBUNAL ERRED IN LAW IN IMPLYING A TERM PRECLUDING CREDITORS’ RIGHT TO SEEK ADDITIONAL SECURITY FOR ALLEGED BREACH BY PERFORMANCE GUARANTOR UNDER THE CONTRACT OF GUARANTEE.
DMC/SandT/22/05
England
MUR Shipping BV v RTI Ltd
English Commercial Court: Jacobs J: [2022] EWHC 467 (Comm): 3 March 2022:[[33]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/467.html
CONTRACT OF AFFREIGHTMENT: FORCE MAJEURE EVENT: US RUSSIAN SANCTIONS PREVENTED PAYMENT OF FREIGHT IN US DOLLARS: WHETHER “REASONABLE ENDEAVOURS” EXTENDED TO ACCEPTING PAYMENT IN (NON-CONTRACTUAL) EUROS INSTEAD OF (CONTRACTUAL) US DOLLARS: ARBITRATION ACT 1996 SECTION 69 APPEAL ON A POINT OF LAW
DMC/SandT/22/04
England
Stema Shipping (UK) Limited & Others v RTE, Réseau de Transport d’Electricité SA & Others (The “Stema Barge II”)
Court of Appeal: Phillips LJ, Sir David Richards and Sir Launcelot Henderson: [2021] EWCA Civ 1880: 15 December 2021: [[34]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2021/1880.html
LIMITATION OF LIABILITY: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976: INTERPRETATION OF ARTICLE 1(2): MEANING OF “MANAGER OR OPERATOR OF A SEAGOING SHIP”: ANCHOR OF UNMANNED BARGE CAUSING DAMAGE TO ELECTRICITY CABLE
DMC/SandT/22/03
England
Space Shipping Ltd v ST Shipping and Transport Pte Ltd [2021] EWHC 2288 (Comm)
High Court of Justice Queen’s Bench Division Commercial Court: Sir Nigel Teare : 13 August 2021:[[35]]
Judgment available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2021/2288.html
CHALLENGE TO ARBITRATION AWARD FOR ERROR OF LAW UNDER S.69 ARBITRATION ACT 1996: WHETHER TRIBUNAL ERRED IN LAW IN DEDUCTING SAVED DRYDOCKING COSTS FROM ITS AWARD OF AN INDEMNITY TO DISPONENT OWNERS AGAINST SUB-CHARTERERS FOR THE CONSEQUENCES SUFFERED BY THE DISPONENT OWNERS UNDER THE HEAD CHARTERPARTY WHICH HAD BEEN CAUSED BY THE CHARTERERS’ BREACH OFTHE SUB-CHARTERPARTY
DMC/SandT/22/02
England
M/V Pacific Pearl Co. Limited v Osios David Shipping Inc.
High Court, Queen’s Bench Division, Commercial Court: Sir Nigel Teare: [2021] EWHC 2808 (Comm), 21 October 2021:
[[36]]
COLLISION BETWEEN SHIPS: SECURITY AND JURISDICTION: STANDARD FORM WORDINGS OF ADMIRALTY SOLICITORS GROUP: ASG 1 - LETTER OF UNDERTAKING: ASG 2 - COLLISION JURISDICTION AGREEMENT: FORMS DESIGNED TO BE USED TOGETHER: UNDER ASG 2, SECURITY TO BE PROVIDED “IN A REASONABLY SATISFACTORY FORM”: WHETHER PRESENCE OF SANCTIONS CLAUSE IN ASG 1 RENDERS IT NOT REASONABLY SATISFACTORY SECURITY UNDER ASG 2: RISK OF NON-PAYMENT: WHETHER A PARTY IS OBLIGED TO ACCEPT SECURITY THAT IS IN REASONABLY SATISFACTORY FORM
DMC/SandT/22/01
England
Herculito Maritime Limited v Gunvor International BV (The “Polar”)
Court of Appeal: Peter Jackson and Males LJJ and Sir Patrick Elias: [2021] EWCA Civ 1828: 1 December 2021:[[37]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2021/1828.html
BILL OF LADING: VOYAGE CHARTER: WHETHER BILLS OF LADING INCORPORATED CHARTERPARTY “CODE” BY WHICH CHARTERERS’ OBLIGATION TO PAY ADDITIONAL WAR RISKS INSURANCE PREMIUMS HAD BEEN ASSUMED TO ENTITLE THEM TO THE BENEFIT OF THE WAR RISK INSURANCES: WHETHER BILL OF LADING HOLDERS LIABLE TO COMPENSATE OWNERS FOR CARGO’S PROPORTION OF GENERAL AVERAGE ARISING FROM PAYMENT OF RANSOM TO PIRATES: ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW
DMC/SandT/21/19
Singapore
Charles Lim Teng Siang and another v Hong Choon Hau and another [2021] SGCA 43
In the Court of Appeal of the Republic of Singapore: Civil Appeal No 49 of 2020 in the matter of Suit 920 of 2018: Decision of the Court of Appeal (delivered by Steven Chong JCA), 1 March 2021: Sundaresh Menon CJ, Judith Prakash JCA, Belinda Ang Saw Ean JAD, Andrew Phang Boon Leong JCA, Steven Chong JCA:[[38]]
CONTRACT: NO-ORAL MODIFCIATION (NOM) CLAUSE: PREVENTION OF VARIATION, SUPPLEMENT, DELETION AND REPLACEMENT OF TERMS OF CONTRACT UNLESS BY WRITING AND SIGNED BY OR ON BEHALF OF ALL PARTIES: WHETHER APPLICABLE TO RESCISSION: EXPRESS OR IMPLIED INTENTION TO DEPART FROM NOM CLAUSE
DMC/SandT/21/18
England
K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “Eternal Bliss”)/ Court of Appeal: Sir Geoffrey Vos (Master of the Rolls), Newey and Males LJJ: [2021] EWCA Civ: 7 November 2021:[[39]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2021/1712.html
CONTRACT OF AFFREIGHTMENT: CHARTERERS IN BREACH OF OBLIGATION TO DISCHARGE VESSEL WITHIN LAYTIME AND LIABLE TO PAY DEMURRAGE: CHARTERERS NOT IN BREACH OF ANY OTHER OBLIGATION –“SOLE BREACH”: DELAY LED TO CLAIM BY RECEIVERS AGAINST OWNERS FOR CARGO DETERIORATION: WHETHER OWNERS ENTITLED TO RECOVER SUM PAID TO SETTLE CARGO CLAIM AS DAMAGES OR UNDER IMPLIED INDEMNITY AGAINST CHARTERERS: WHETHER DEMURRAGE PAID BY CHARTERERS THE EXCLUSIVE REMEDY FOR CONSEQUENCES OF BREACH: DETERMINATION OF PRELIMINARY QUESTION OF LAW UNDER SECTION 45 OF THE ARBITRATION ACT 1996
DMC/SandT/21/17
England
Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”)
United Kingdom Supreme Court: Lords Reed (President), Briggs, Hamblen, Leggatt and Lady Arden: [2021] UKSC 51: 10 November 2021:[[40]]
Judgment Available on BAILII @ https://www.bailii.org/uk/cases/UKSC/2021/51.html
OWNERS’ CLAIM FOR CONTRIBUTION IN GENERAL AVERAGE (“GA”): NEGLIGENT VOYAGE PLANNING BY MASTER CAUSED GROUNDING OF VESSEL LEADING TO GA EXPENDITURE TO REFLOAT THE VESSEL: WHETHER CARGO INTERESTS ENTITLED TO DEFEND CLAIM ON THE BASIS THAT OWNERS FAILED TO EXERCISE DUE DILIGENCE TO MAKE THE VESSEL SEAWORTHY BEFORE AND AT THE BEGINNING OF THE VOYAGE: ARTICLE III, RULE 1 AND ARTICLE IV, RULE 2(A) OF THE HAGUE/HAGUE-VISBY RULES
DMC/SandT/21/16
England
SK Shipping Europe plc v Capital VLCC 3 Corp and Capital Maritime & Trading Corp (The “C Challenger”)
English Commercial Court: Foxton J: [2020] EWHC 3448 (Comm): 16 December 2020: []
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2020/3448.html
TIME CHARTER: SPEED AND CONSUMPTION: REPRESENTATIONS AND WARRANTIES: VESSEL UNDERPERFORMANCE: WHETHER OWNERS FRAUDULENTLY MISREPRESENTED VESSEL PERFORMANCE: WHETHER CHARTERERS ENTITLED TO RESCIND CHARTER AND CLAIM DAMAGES: WHETHER CHARTER REPUDIATED BY CHARTERERS: WHETHER OWNERS ENTITLED TO DAMAGES FOR UNPERFORMED CHARTER PERIOD
DMC/SandT/21/15
England
Euronav N.V. v Repsol Trading S.A. (The “Maria”)
English Commercial Court: Henshaw J: [2021] EWHC 2565 (Comm): 24 September 2021: [[41]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2021/2565.html
VOYAGE CHARTER: DEMURRAGE: SHELLVOY 6 FORM: CLAUSE 15(3) REQUIREMENT TO GIVE NOTIFICATION OF DEMURRAGE CLAIM TO CHARTERERS “WITHIN 30 DAYS AFTER COMPLETION OF DISCHARGING” FAILING WHICH CLAIM BECOMES TIME-BARRED: BASIS ON WHICH DATE OF COMPLETION OF DISCHARGE SHOULD BE ASCERTAINED: WHETHER OWNERS’ DEMURRAGE CLAIM TIME-BARRED: SUMMARY JUDGMENT
DMC/SandT/21/14
England
Regal Seas Maritime S.A. v Oldendorff Carriers GmbH & Co KG (The “New Hydra”)
English Commercial Court: Teare J: [2021] EWHC 566 (Comm): 11 March 2021:[[42]]
TIME CHARTER: RATE OF HIRE BASED ON AVERAGE OF LAST 15 DAYS’ PUBLISHED 4 TIME CHARTER ROUTES OF BALTIC CAPESIZE INDEX (“BCI”) PLUS 4% FOR VESSEL SIZE ADJUSTMENT: VESSEL WAS 179,258 DEADWEIGHT TONNES (“DWT”): BCI ‘BENCHMARK’ VESSEL WAS 172,000 DWT WHEN CHARTER AGREED: BCI ‘BENCHMARK’ VESSEL CHANGED TO 180,000 DWT DURING CHARTER PERIOD: WHETHER AN IMPLIED TERM THAT VESSEL SIZE ADJUSTMENT WOULD BE REASONABLY AMENDED IF ‘BENCHMARK’ VESSEL SIZE CHANGED DURING CHARTER PERIOD: SECTION 69 APPEAL ON POINT OF LAW UNDER ARBITRATION ACT 1996
DMC/SandT/21/13
England
Jiangsu Guoxin Corporation Ltd v Precious Shipping Public Co. Ltd [2020] EWHC 1030 (Comm)
English Commercial Court: Mr Justice Butcher:[[43]]
SHIPBUILDING CONTRACT ON AMENDED SAJ FORM: SELLER CONTENDED UNLAWFUL REJECTION BY BUYER: REPUDIATORY BREACH: PARTIAL FINAL AWARDS: APPEAL UNDER S69 OF ARBITRATION ACT 1996: APPLICATION OF THE PREVENTION PRINCIPLE: DEFINITION OF PERMISSBILE DELAYS UNDER ARTICLE VIII.1: NOTICE PROVISIONS FOR EXTENSIONS OF TIME UNDER ARTICLE VIII.2
DMC/SandT/21/12
England
Navision Shipping A/S v Precious Pearls Ltd & Conti Lines Shipping NV v Navision Shipping A/S (The “Mookda Naree”)
English Commercial Court: Andrew Baker J: [2021] EWHC 558 (Comm): 10 March 2021:[[44]]
TIME CHARTER: ASBATIME FORM: VESSEL ARRESTED IN WEST AFRICA FOR CARGO CLAIM RELATED TO SHIPMENT OF SUB-SUB-CHARTERERS ON A DIFFERENT VESSEL: WHETHER VESSEL OFF-HIRE BY REASON OF ACT OR OMISSION OF SUB-CHARTERERS (CLAUSE 47): WHETHER VESSEL OFF-HIRE UNDER WEST AFRICAN CARGO CLAIM CLAUSE (CLAUSE 86): SECTION 69 APPEAL ON POINT OF LAW UNDER ARBITRATION ACT 1996
DMC/SandT/21/11
England
Alpha Marine Corp v Minmetals Logistics Zhejiang Co Ltd (The “Smart”)
English Commercial Court: Butcher J: [2021] EWHC 1157 (Comm): 5 May 2021:[[45]]
TIMECHARTER: OWNERS’ BILLS OF LADING ISSUED INCORPORATING (SUB) VOYAGE CHARTER TERMS: FREIGHT DEEMED EARNED ON LOADING CARGO AND TO BE PAID WITH 45 DAYS AND AFTER RECEIPT OF FREIGHT INVOICE: WHETHER IMPLIED TERM THAT OWNERS WOULD NOT DIRECT PAYMENT TO THEMSELVES OF FREIGHT DUE UNDER BILLS OF LADING WHERE NOTHING WAS DUE TO THEM UNDER THE TIMECHARTER: SECTION 69 APPEAL ON POINT OF LAW UNDER ARBITRATION ACT 1996
DMC/SandT/21/10
England
Sea Tank Shipping AS v (1) Vinnlustodin HF & (2) Vatryggingafelag Islands FH – the “Aqasia”
England and Wales Court of Appeal (Civil Division), on appeal from the Queen’s Bench Division, Commercial Court: Lady Justice Gloster, David Richards and Flaux LJJ: [2018] EWCA Civ 276: [[46]]
CARRIAGE OF GOODS BY SEA: PACKAGE LIMITATION: 1924 HAGUE RULES ARTICLE IV RULE 5: MEANING OF UNIT: WHETHER PACKAGE LIMITATION APPLIES TO BULK CARGO
DMC/SandT/21/09
England
K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “Eternal Bliss”)
English Commercial Court: Andrew Baker J: [2020] EWHC 2373 (Comm): 7 September 2020:[[47]]
CONTRACT OF AFFREIGHTMENT: CHARTERERS IN BREACH OF OBLIGATION TO DISCHARGE VESSEL WITHIN LAYTIME AND LIABLE TO PAY DEMURRAGE: CHARTERERS NOT IN BREACH OF ANY OTHER OBLIGATION –“SOLE BREACH”: DELAY LED TO CLAIM BY RECEIVERS AGAINST OWNERS FOR CARGO DETERIORATION: WHETHER OWNERS ENTITLED TO RECOVER SUM PAID TO SETTLE CARGO CLAIM AS DAMAGES OR UNDER IMPLIED INDEMNITY AGAINST CHARTERERS: WHETHER DEMURRAGE PAID BY CHARTERERS THE EXCLUSIVE REMEDY FOR CONSEQUENCES OF BREACH: DETERMINATION OF PRELIMINARY QUESTION OF LAW UNDER SECTION 45 OF THE ARBITRATION ACT 1996
DMC/SandT/21/08
England
Herculito Maritime Ltd v Gunvor International BV
English High Court: Teare J.: [2020] EWHC 3318 (Comm): 4 December 2020: [[48]]
ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW: VOYAGE CHARTER: WHETHER BILL OF LADING INCORPORATED CHARTERPARTY “CODE” REGARDING ADDITIONAL WAR RISKS PREMIUMS: WHETHER BILL OF LADING HOLDERS LIABLE TO COMPENSATE SHIPOWNERS FOR LOSSES COVERED BY INSURANCE AGAINST PIRACY RISKS
DMC/SandT/21/07
Singapore
(1) POS Maritime NX S.A. & (2) Pan Ocean Co. Ltd. v. The Owners/bareboat Charterers of MV Caraka Jaya Niaga III-11 - The Caraka Jaya Niaga III-11
High Court of Singapore: Decision delivered by Judicial Commissioner S Mohan: [2021] SGHC 43: 22 February 2021: [[49]
COLLISION: BOTH VESSELS TO BLAME: PLAINTIFFS’ CLAIM ISSUED IN TIME: DEFENDANT’S COUNTERCLAIM ISSUED OUT OF TIME: MARITIME CONVENTIONS ACT OF SINGAPORE: WHETHER COUNTERCLAIM STILL QUALIFIED FOR APPLICATION OF ADMIRALTY SINGLE LIABILITY PRINCIPLE
DMC/SandT/21/06
England
Imperator I Maritime Company v Bunge SA and C Transport Panamax Ltd - The “Coral Seas”
English Commercial Court: Phillips J: [2016] EWHC 1506 (Comm): 24 June 2016: [[50]]
ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW: TIME CHARTERPARTY: CONTINUING WARRANTY OF SPEED AND CONSUMPTION: VESSEL SUSTAINED UNDERWATER FOULING DUE TO PROLONGED STAY IN TROPICAL WATERS RESULTING IN UNDERPERFORMANCE: WHETHER A DEFENCE FOR OWNERS TO PROVE THAT VESSEL UNDERPERFORMED BECAUSE OF COMPLIANCE WITH CHARTERERS’ ORDERS
DMC/SandT/21/05
England
Priminds Shipping (HK) Co Ltd v Noble Chartering Inc, the “Tai Prize” [2021] EWCA Civ 87
Court of Appeal (Civ Div): Bean LJ, Males LJ and Rose LJ: 28 January 2021: [[51]]
VOYAGE CHARTERPARTY: SHIPPERS ACTING AS AGENTS FOR THE CHARTERERS PRESENTED ‘CLEAN ON BOARD’ DRAFT BILL OF LADING FOR MASTER’S SIGNATURE: CARGO APPEARED TO BE IN GOOD ORDER SO BILL OF LADING ISSUED STATING CARGO IN APPARENT GOOD ORDER AND CONDITION: ON DISCHARGE CARGO FOUND TO BE DAMAGED: WHETHER CHARTERERS LIABLE TO DISPONENT OWNERS FOR MISREPRESENTATION
DMC/SandT/21/04
England
Nautica Marine Ltd v Trafigura Trading LLC (The “Leonidas”)
English Commercial Court: Foxton J: [2020] EWHC 1986 (Comm): 28 July 2020: [[52]]
VOYAGE CHARTER: WHETHER VOYAGE CHARTER CONCLUDED: WHETHER “SUBJECT” OF “SUPPLIERS’ APPROVAL” OF THE VESSEL A PRE-CONDITION OR A PERFORMANCE CONDITION OF THE CONTRACT: WHETHER CHARTERERS UNDER IMPLIED OBLIGATION TO TAKE REASONABLE STEPS TO OBTAIN “SUPPLIERS’ APPROVAL” WITHIN “SUBJECT” DEADLINE
DMC/SandT/21/03
England
Palmali Shipping SA v Litasco SA
English Commercial Court: Foxton J: [2020] EWHC 2581 (Comm): 1 October 2020:[[53]]
CONTRACT OF AFFREIGHTMENT (“COA”): OWNERS CLAIMING FOR LOSS OF PROFIT DUE TO CHARTERERS’ FAILURE TO PERFORM SHIPMENTS: OWNERS HAD OPTION TO USE OWN COMPANY GROUP FLEET VESSELS OR THIRD PARTY CHARTERED IN VESSELS TO PERFORM SHIPMENTS: WHETHER OWNERS HAD TO ACCOUNT FOR EXPENSES OF OWN FLEET TO PERFORM SHIPMENTS WHEN QUANTIFYING DAMAGES TO REFLECT NET LOSS OF PROFIT IN SAME WAY AS WHEN INCURRING FREIGHT, DEMURRAGE AND PORT CHARGES WHEN USING THIRD PARTY VESSELS TO PERFORM SHIPMENTS: CHARTERERS’ SUMMARY JUDGMENT APPLICATION
DMC/SandT/21/02
England
Priminds Shipping (HK) Co Ltd v Noble Chartering Inc, the “Tai Prize” [2020] EWHC 127 (Comm)
English Commercial Court (Queen’s Bench Division): HH Judge Pelling QC (sitting as a Judge of the High Court): [[54]]
SHIPPERS ACTING AS AGENTS FOR THE CHARTERERS PRESENTED ‘CLEAN ON BOARD’ BILL OF LADING FOR MASTER’S SIGNATURE: CARGO DID APPEAR TO BE IN GOOD ORDER SO BILL OF LADING ISSUED STATING CARGO IN APPARENT GOOD ORDER AND CONDITION:: ON DISCHARGE CARGO FOUND TO BE DAMAGED: WHETHER CHARTERERS LIABLE TO OWNERS AS CARRIER FOR MISREPRESENTATION: EFFECT OF INCLUSION OF HAGUE RULES IN BILL OF LADING
DMC/SandT/21/01
England
English Admiralty Court
1) Splitt Chartering APS (2) Stema Shipping A/S (3) Stema Shipping (UK) Limted & Ors v SAGA Shipholding Norway AS and RTE Reseau de Transport d’Electricité SA & Ors: [2020] EWHC 1294 (Admlty) Queen’s Bench Division (Admiralty Court); Teare J; 22 May 2020;[[55]]
LIMITATION OF LIABILITY: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976: INTERPRETATION OF ARTICLE 1(2): MEANING OF “MANAGER OR OPERATOR OF A SEAGOING SHIP”: ANCHOR OF UNMANNED BARGE CAUSING DAMAGE TO ELECTRICITY CABLE
DMC/SandT/20/14
Singapore
China Coal Solution (Singapore) Pte Ltd v Avra Commodities Pte Ltd
Court of Appeal of the Republic of Singapore [2020] SGCA 81, 20 August 2020: Decision of the Court of Appeal delivered by Judith Prakash, JA: [[56]]
ALLEGED BREACH OF TRADING CONTRACT: WHETHER CONTRACT HAD BEEN FINALLY CONCLUDED: RELEVANCE OF STANDARD TERMS AND CONDITIONS: RELEVANCE OF PREVIOUS DEALINGS BETWEEN THE PARTIES
DMC/SandT/20/13
England
Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd and Yousef Freiha & Sons SAL (The “Sea Master”)
English Commercial Court: HHJ Pelling QC: [2020] EWHC 2030 (Comm): 28 July 2020: [[57]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2020/2030.html
CONTRACT OF CARRIAGE: BILL OF LADING INCORPORATING VOYAGE CHARTER: CARGO TO BE DISCHARGED FREE OF EXPENSE TO VESSEL: CHARTERERS/RECEIVERS TO ARRANGE AND PAY FOR STEVEDORES: CHARTERERS TO PAY DEMURRAGE: CHARTERERS BECAME INSOLVENT: OWNERS CLAIMED DAMAGES IN LIEU OF DEMURRAGE AGAINST CARGO INTERESTS FOR DELAYED CARGO DISCHARGE: WHETHER CARGO INTERESTS UNDER AN OBLIGATION (1) TO TAKE ALL NECESSARY STEPS TO ENABLE THE CARGO TO BE DISCHARGED AND DELIVERED WITHIN A REASONABLE TIME OR (2) TO DISCHARGE THE CARGO WITHIN A REASONABLE TIME: ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW
DMC/SandT/20/12
England/
Tricon Energy Ltd v MTM Trading LLC (The “MTM Hong Kong”)
English Commercial Court: Robin Knowles J: [2020] EWHC 700 (Comm): 23 March 2020: [[58]]
VOYAGE CHARTERPARTY: PART CARGOES: DEMURRAGE CLAIMS PRESENTATION TIME BAR CLAUSE: OWNERS OBLIGED TO PRESENT CLAIM WITH “ALL SUPPORTING DOCUMENTS” WITHIN TIME BAR: OWNERS DID NOT PRESENT COPIES OF BILLS OF LADING RELEVANT TO PRO-RATING CALCULATION OF LAYTIME AND DEMURRAGE BETWEEN TWO DIFFERENT CARGO PARCELS HANDLED AT THE SAME BERTH: WHETHER DEMURRAGE CLAIM BARRED FOR WANT OF PRESENTATION OF BILLS OF LADING IN TIME: ARBITRAITON ACT 1996 SECTION 69 APPEAL ON POINT OF LAW
DMC/SandT/20/11
England
Cargill International Trading Pte Ltd v Uttam Galva Steels Limited (Commercial Court): Bryan J: [2019] EWHC 476 (Comm): 28 February 2019: [[59]]
SUMMARY JUDGMENT: CONTRACT TERM: DEFAULT COMPENSATION CLAUSE: INTEREST RATE: WHETHER UNENFORCEABLE AS A PENALTY: WHETHER INCORPORATED INTO RELEVANT CONTRACT: WHETHER ONEROUS OR UNUSUAL TERM: ILLEGALITY UNDER INDIAN LAW
DMC/SandT/20/10'
England
Ocean Perfect Shipping Limited v Dampskibsselskabet Norden AS
English Queen’s Bench (Commercial Court): Teare J: [2019] EWHC 3368 (Comm): 6 December 2019: [[60]
BRITISH REGISTERED VESSEL: GROUNDING WHILST ON CHARTER: MARITIME CASUALTY: MARINE ACCIDENT INVESTIGATION BRANCH (MAIB) SAFETY INVESTIGATION REPORT: MERCHANT SHIPPING (ACCIDENT REPORT AND INVESTIGATION) REGULATIONS 2012: WHETHER ARBITRATION JUDICIAL PROCEEDINGS: WHETHER REPORT TO BE ADMITTED: COURT’S PERMISSION: DISCRETION
DMC/SandT/20/09
England
Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”)
English Court of Appeal: Flaux, Haddon-Cave and Males LLJ: [2020] EWCA Civ 293: 4 March 2020: [[61]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2020/293.html
CLAIM FOR CONTRIBUTION IN GENERAL AVERAGE: NEGLIGENT VOYAGE PLANNING BY THE VESSEL’S OFFICERS CAUSED GROUNDING OF VESSEL LEADING TO EXPENDITURE IN THE NATURE OF GENERAL AVERAGE TO REFLOAT THE VESSEL: WHETHER CARGO INTERESTS ENTITLED TO DEFEND THE CLAIM ON THE BASIS THAT OWNERS HAD FAILED TO EXERCISE DUE DILIGENCE TO MAKE THE VESSEL SEAWORTHY BEFORE AND AT THE BEGINNING OF THE VOYAGE: ARTICLE III, RULES 1 AND 2 AND ARTICLE IV, RULE 2(A) OF THE HAGUE/HAGUE-VISBY RULES
DMC/SandT/20/08
England
Alianca Navegacao E Logistica Ltda v Ameropa SA (The “M/V Santa Isabella”)
English Commercial Court: Andrew Henshaw QC (sitting as a High Court Judge): [2019] EWHC 3152 (Comm): 22 November 2019:[[62]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2019/3152.html
VOYAGE CHARTERPARTY:OWNERS CLAIM FOR DEMURRAGE:CHOICE OF REASONABLE ROUTE:WHETHER OWNERS WERE IN BREACH OF ART III RULE 2 OF THE HAGUE RULES OR LIABLE FOR DEVIATION:SPEED/REASONABLE DESPATCH: WHETHER THE VESSEL FAIILED TO PROCEED TO DURBAN WITH ALL CONVENIENT SPEED AND/OR IN ACCORDANCE WITH WARRANTED SPEED: CARGO CARE: WHETHER THE CARGO WAS PROPERLY AND CAREFULLY VENTILATED IN ACCORDANCE WITH A SOUND SYSTEM
DMC/SandT/20/07
England
Globalink Transportation & Logistics Worldwide LLP v DHL Project & Chartering Ltd
English Commercial Court: Nicholas Vineall QC: 29 January; 19 February: [2019] EWHC 225 (Comm): [[63]]
CONTRACT FOR FREIGHT FORWARDING SERVICES: WHETHER CLAIM FOR CARGO DAMAGE COULD BE SET-OFF AGAINST CLAIM FOR FREIGHT
DMC/SandT/20/06
Singapore
Oversea-Chinese Banking Corporation v Jiang Xin Shipping (“YUE YOU 902”)
Singapore High Court: Pang Khang Chau, Judicial Commissioner: [2019] SGHC 106:[[64]]
BILLS OF LADING: MISDELIVERY: WHETHER HOLDER’S KNOWLEDGE THAT CARGO HAD BEEN DISCHARGED BEFORE TAKING UP THE BILLS OF LADING DEFEATED A MISDELIVERY CLAIM: WHETHER HOLDER IN FACT HAD THAT KNOWLEDGE AT THAT TIME
DMC/SandT/20/05
England
“Amalie Essberger” Tankreederei GmbH & Co KG v Marubeni Corporation (The “Amalie Essberger”)
English Commercial Court: Peter MacDonald Eggers QC (sitting as a Deputy Judge of the High Court): [2019] EWHC 3402 (Comm): 11 December 2019: [[65]]
VOYAGE CHARTERPARTY: DEMURRAGE CLAIMS PRESENTATION TIME BAR CLAUSE: OWNERS OBLIGED TO PRESENT CLAIM WITH SUPPORTING DOCUMENT WITHIN 90 DAYS OF CARGO DISCHARGE COMPLETION: OWNERS PROVIDED PUMPING LOGS AND LETTER OF PROTEST FROM THE LOADING PORT EARLY TO CHARTERERS TO COMPLY WITH ANOTHER CLAUSE: WHETHER CLAIM TIME BARRED FOR WANT OF PRESENTATION OF THOSE TWO DOCUMENTS AT THE SAME TIME AS LATER DEMURRAGE CLAIM: APPLICATION FOR SUMMARY JUDGMENT UNDER CPR RULE 24.2
DMC/SandT/20/04
England
Volcafe Ltd and Others v Cia Sud Americana de Vapores SA
Supreme Court: Lord Reed DPSC, Lords Wilson, Sumption, Hodge and Kitchin JJSC; [2018] UKSC 61; 5 December 2018: [[66]]
SHIPPING: BILL OF LADING: HAGUE RULES: WHETHER BURDEN ON CARRIER TO PROVE DAMAGE TO GOODS CAUSED WITHOUT NEGLIGENCE OR DUE TO INHERENT VICE: INHERENT VICE
DMC/SandT/20/03
England
MUR Shipping B.V. v Louis Dreyfus Company Suisse S.A. (The “Tiger Shanghai”)
English Commercial Court: Cockerill J: [2019] EWHC 3240 (Comm): 13 November 2019:[[67]]
TIME CHARTERPARTY: ALL CLAIMS PRESENTATION TIME BAR CLAUSE: OWNERS REFUSED TO ALLOW CEMENT FEEDER HOLES TO BE DRILLED IN HATCH COVERS: CHARTERERS’ CONTEMPORANEOUS SURVEY REPORT CONCLUDED OWNERS HAD NO GOOD REASONS FOR REFUSAL: REPORT RELIED ON BY CHARTERERS IN ARBITRATION BUT NOT PRESENTED WITHIN THE 12 MONTHS’ TIME BAR: WHETHER CLAIM TIME BARRED FOR WANT OF PRESENTATION OF “ALL AVAILABLE SUPPORTING DOCUMENTS (WHETHER RELATING TO LIABILITY OR QUANTUM OR BOTH)”: ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINTS OF LAW
DMC/SandT/20/02
England
Quiana Navigation SA v Pacific Gulf Shipping (Singapore) Pte Ltd (The “Caravos Liberty”)
English Commercial Court: Cockerill J: [2019] EWHC 3171 (Comm): 21 November 2019: [[68]]
TIME CHARTERPARTY: WITHDRAWAL OF VESSEL FOR NON-PAYMENT OF HIRE: BIMCO NON-PAYMENT OF HIRE CLAUSE: WHETHER LAWFUL TO WITHDRAW VESSEL FOR NON-PAYMENT OF HIRE THAT FELL DUE ON AN EARLIER DATE: ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINTS OF LAW
DMC/SandT/20/01
England
Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd
English Court of Appeal: Longmore, Hamblen, Henderson LJJ: [2017] EWCA Civ 2107:[[69]]
CHARTERPARTY (TIME): NYPE INTER-CLUB AGREEMENT 1996, CLAUSE 8(D): WHETHER “ACT” REQUIRES FAULT
DMC/SandT/19/10
England
Eleni Shipping Limited v Transgrain Shipping B.V. (The “Eleni P”):[[70]]
English Commercial Court: Popplewell J: [2019] EWHC 910 (Comm): 10 April 2019
TIME CHARTERPARTY: NYPE 46 FORM: VESSEL CAPTURED BY PIRATES IN THE ARABIAN SEA: WHETHER VESSEL WAS OFF-HIRE: ARBITRATION ACT 1996 SECTION 96 APPEAL ON POINTS OF LAW
DMC/SandT/19/09
England
A v B (The “GA”)
English Commercial Court: Sir Ross Cranston: [2018] EWHC 2325 (Comm): 7 September 2018: [[71]]
TIME CHARTERPARTY: AMENDED SHELLTIME 4 FORM: VLCC OIL TANKER CHARTERED-IN THEN SUB-CHARTERED TO POOL: OIL MAJOR ELIGIBILITY CLAUSE (“OMEC”) BY WHICH VESSEL GUARANTEED AT ALL TIMES (1) TO HAVE A VALID SHIP INSPECTION REPORT (“SIRE”) PROGRAMME REPORT REGISTERED ON THE SIRE SYSTEM AND NOT MORE THAN SIX MONTHS’ OLD, AND (2) TO BE ELIGIBLE FOR BUSINESS FROM AT LEAST FOUR OIL MAJORS: VESSEL BECAME UNEMPLOYABLE DUE TO CRITICAL SIRE REPORT FOLLOWED BY LAPSE OF SIRE REPORT: VESSEL PLACED OFF-HIRE DUE TO BREACH OF GUARANTEES THEN LATER REDELIVERED TO OWNERS: QUANTIFICATION OF CLAIM FOR LOSS AND DAMAGE CAUSED BY BREACHES OF OMEC: WHETHER NET LOSS OF PROFITS AND WASTED COSTS COULD BOTH BE CLAIMED: WHETHER LOSS OF PROFITS DAMAGES WERE TO BE DISCOUNTED ON LOSS OF CHANCE BASIS: ARBITRATION ACT 1996 SECTION 69 APPLICATION TO APPEAL AWARD ON POINTS OF LAW
DMC/SandT/19/08
England
Ark Shipping Company LLC v Silverburn Shipping (IOM) Ltd
English Court of Appeal: Gross LJ, McCombe LJ, Leggatt LJ: 2019 EWCA Civ 1161: 12 July 2019: [[72]]
BARECON 1989 CHARTERPARTY: CHARTERERS’ OBLIGATION TO MAINTAIN THE VESSEL’S CLASS STATUS: WHETHER THIS A CONDITION OR AN INNOMINATE TERM
DMC/SandT/19/07
England
Deep Sea Maritime Limited v Monjasa A/S (The “Alhani”)
English Commercial Court: David Foxton QC (sitting as a Deputy Judge of the High Court): [2018] EWHC 1495 (Comm): 15 June 2018:
[[73]]
BILL OF LADING: CARGO MISDELIVERY WITHOUT PRESENTATION OF ORIGINAL BILL: CLAUSE 1 OF BILL INCORPORATING EXCLUSIVE ENGLISH JURISDICTION & LAW CLAUSE OF A CHARTERPARTY: CLAUSE 2 OF BILL INCORPORATING HAGUE RULES 1924: WHETHER ONE-YEAR TIME BAR IN ARTICLE III RULE 6 OF 1924 RULES APPLIES TO CARGO MISDELIVERY CLAIMS: WHETHER LEGAL PROCEEDINGS COMMENCED IN TIME IN WRONG (FOREIGN) FORUM CAN STOP TIME BAR EXPIRING IN CORRECT (ENGLISH) FORUM: WHETHER CARRIER (OWNERS) ENTITLED TO A DECLARATION OF NON-LIABILITY ON A SUMMARY JUDGMENT BASIS
DMC/SandT/19/06
England
Classic Maritime Inc v Limbungan Makmur Sdn Bhd and Lion Diversified Holdings Bdn
English Court of Appeal: Males, Rose and Haddon-Cave LLJ: [2019] EWCA Civ 1102: 27 June 2019: [[74]]
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2019/1102.html
APPEALS ON QUESTIONS OF LAW UNDER SECTION 69 OF THE ARBITRATION ACT 1996: CONTRACT OF AFFREIGHTMENT: WHETHER CHARTERERS WHO WOULD HAVE DEFAULTED ON THEIR CONTRACTUAL COMMITMENTS IN ANY EVENT WERE ENTITLED TO RELY UPON MUTUAL EXCEPTIONS CLAUSE FOR “ACCIDENTS AT THE MINE” AS DEFENCE TO LIABILITY FOR BREACH OF ABSOLUTE OBLIGATION TO PROVIDE CARGOES FOR SHIPMENT: WHETHER OWNERS ENTITLED TO RECOVER SUBSTANTIAL DAMAGES FOR SUCH BREACH BY CHARTERERS WHERE THE SHIPMENTS IN QUESTION COULD NOT HAVE BEEN PERFORMED IN ANY EVENT
DMC/SandT/19/05
England
Seatrade Group NV v Hakan Agro DMCC (The “Aconcagua Bay”)
English High Court: Commercial Court: Mr Justice Robin Knowles CBE: [2018] EWHC 654 (Comm): 26 March 2018: [[75]]
VOYAGE CHARTERPARTY: WHETHER “ALWAYS ACCESSIBLE” WARRANTY INCLUDED BOTH ARRIVAL AND DEPARTURE: WHETHER OWNERS ENTITLED TO DAMAGES FOR DETENTION FOLLOWING DELAYED DEPARTURE OF VESSEL
DMC/SandT/19/04
England
NatWest Markets plc v Stallion Eight Shipping Co SA
English Commercial Court: Teare J: [2018] EWHC 2033 (Admlty): 31 July 2018:[[76]]
SHIP ARREST: ADMIRALTY JURISDICTION: APPLICATION FOR RELEASE FROM ARREST UNDER CPR RULE 61.8(4)(B): WHETHER DEFENDANT ENTITLED TO CROSS-UNDERTAKING IN RESPECT OF POTENTIAL DAMAGES
DMC/S&T/19/03
England
Yemgas FZCO & Ors v Superior Pescadores SA
English Court of Appeal; Longmore, Tomlinson, McCombe LJJ; [2016] EWCA Civ 101; 24 February 2016: [[77]]
CARRIAGE OF GOODS BY SEA: BILLS OF LADING: LIMITATION OF LIABILITY: CLAUSE PARAMOUNT: WHETHER REFERENCE IN THAT CLAUSE TO HAGUE RULES MEANT HAGUE RULES LIMITS OF LIABILITY APPLIED EVEN WHERE HAGUE-VISBY RULES OTHERWISE APPLIED
DMC/SandT/19/02
England
CSSA Chartering and Shipping Services S.A. v Mitsui O.S.K. Lines Ltd (The “Pacific Voyager”)
English Court of Appeal: Longmore, King and Sir Rupert Jackson LLJ: [2018] EWCA Civ 2143: 6 November 2018: [[78]]
VOYAGE CHARTER: SHELLVOY 5 FORM: WHETHER OBLIGATION ON OWNER TO GET THE VESSEL TO THE LOADING PORT WITHIN A CERTAIN TIME: WHETHER SUCH AN OBLIGATION IS ABSOULTE OR ONLY ONE OF DUE DILIGENCE: WHETHER LAYCAN EQUIVALENT TO AN ESTIMATED TIME OF ARRIVAL OR READINESS TO LOAD DATE
DMC/SandT/19/01
England
Sucden Middle-East v Yagci Denizcilik Ve Ticaret Limited Sirketi - (The “Muammer Yagci”)
English Commercial Court: Robin Knowles J: [2018] EWHC 3873 (Comm): 2 November 2018:[[79]]
VOYAGE CHARTER: LAYTIME & DEMURRAGE: SUGAR CHARTER PARTY 1999 FORM: CLAUSE 28 “STRIKES AND FORCE MAJEURE” EXCEPTIONS: SEIZURE OF CARGO ON BOARD VESSEL AFTER PRESENTATION OF FALSE DOCUMENTS TO CUSTOMS AT DISCHARGE PORT: MEANING OF “GOVERNMENT INTERFERENCES”: APPEAL ON A QUESTION OF LAW PURSUANT TO SECTION 69 OF THE ARBITRATION ACT 1996
DMC/SandT/18/07
England
Troy Maritime SA v Clearlake Shipping Pte Ltd
English Commercial Court: Butcher J.: [2018] EWHC 2310 (Comm): 31 July 2018:[[80]]
DEVIATION FROM THE CONTRACT VOYAGE: WHETHER DEVIATION REASONABLE IN ALL THE CIRCUMSTANCES: FINDING OF FACT BY ARBITRATION TRIBUNAL: WHETHER COURT BOUND BY THAT FINDING
DMC/SandT/18/06
England
Dera Commercial Estate v Derya Inc (The“SUR”)
English Commercial Court: Carr J.: 13 July 2018: [2018] EWHC 1673 (Comm)[[81]]
CARRIAGE OF GOODS BY SEA: HAGUE RULES: WHETHER GEOGRAPHIC DEPARTURE [‘DEVIATION’] FROM THE AGREED VOYAGE CONSTITUTED A ‘FUNDAMENTAL BREACH OF CONTRACT’: WHETHER CARRIER ENTITLED TO RELY ON ONE-YEAR TIME LIMIT IN ARTICLE 3 RULE 6
DMC/SandT/18/05
England
Agile Holdings Corporation (Claimant) v Essar Shipping Ltd (Defendant):
English Commercial Court: Judge Waksman QC: [2018] EWHC 1055 (Comm): [[82]]
FOR CHARTERERS TO OBTAIN A 50/50 APPORTIONMENT FOR CARGO LIABILITY BETWEEN THEMSELVES AND THE OWNERS ON GROUNDS OF THE FIRST PROVISO TO CLAUSE 8(B) OF THE INTER- CLUB NEW YORK PRODUCE EXCHANGE AGREEMENT 1996 (THE “INTER-CLUB AGREEMENT" OR "ICA”), THE CHARTERPARTY MUST CONTAIN A PROVISION WHICH IS CLEARLY INTENDED TO PASS COMPLETE RESPONSIBILITY FOR CARGO HANDLING TO THE SHIPOWNERS. A PARTIAL TRANSFER OF RESPONSIBILITY, OR RESPONSIBILITY FOR A PARTICULAR ASPECT OF CARGO HANDLING (SUCH AS STOWAGE), WILL NOT BE SUFFICIENT TO ENGAGE THE ICA 8(B) PROVISO.
DMC/SandT/18/04
England
Glencore Energy UK Ltd v OMV Supply & Trading Ltd (The “Seagrace”)/
English Commercial Court: Sir Ross Cranston: [2018] EWHC 895 (Comm): 23 April 2018: [[83]]
CFR SALES CONTRACT: BP CFR SALES TERMS: BPVOY4 FORM: VESSEL WAITING OFFSHORE EN ROUTE TO PORT OF DISCHARGE AT REQUEST OF BUYERS: SELLERS CLAIM FOR DETENTION BASED ON IMPLIED CONTRACT: WHETHER CLAIM FOR WAITING OFFSHORE WAS A DEMURRAGE CLAIM: WHETHER CLAIM TIME-BARRED DUE TO NON-COMPLIANCE WITH DEMURRAGE CLAIMS PRESENTATION CLAUSE DEADLINE
DMC/SandT/18/03
England
Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd (The “Ocean Neptune”)
English Commercial Court: Popplewell J: [2018] EWHC 163 (Comm): 2 February 2018:[[84]]
VOYAGE CHARTER: EXXONMOBILVOY 2005 FORM: LITASCO CLAUSES: DEMURRAGE CLAIM PRESENTATION TIME-BAR REQUIRING DOCUMENTS IN SUPPORT OF CLAIM TO BE PRESENTED TO CHARTERERS WITHIN 90 DAYS OF COMPLETION OF CARGO DISCHARGE: WHETHER CLAIM FOR TIME LOST WAITING FOR ORDERS TIME-BARRED DUE TO NON-COMPLIANCE WITH DOCUMENT PRESENTATION REQUIREMENT: APPEAL FROM PARTIAL FINAL AWARD UNDER SECTION 69 OF THE ARBITRATION ACT 1996
DMC/SandT/18/02
England
Kyokuyo Co Ltd v AP Møller-Maersk A/S, trading as “Maersk Line”
English High Court – Commercial Court: Mr Justice Andrew Baker: [2017] EWHC 654 (Comm): 29 March 2017: [[85]]
LIMITATION OF LIABILITY UNDER HAGUE/HAGUE-VISBY RULES: WHETHER LIMITATION APPLIED TO EACH SEPARATE PACKAGE/UNIT DAMAGED OR TO TOTAL NUMBER OF PACKAGES/UNITS
DMC/SandT/18/01
England
CSSA Chartering and Shipping Services S.A. v Mitsui O.S.K. Lines Ltd (The “Pacific Voyager”)
English Commercial Court: Popplewell J: [2017] EWHC 2579 (Comm): 18 October 2017: [[86]]
VOYAGE CHARTER: SHELLVOY 5 FORM: WHETHER OBLIGATION ON OWNER TO GET THE VESSEL TO THE LOADING PORT WITHIN A CERTAIN TIME: WHETHER SUCH AN OBLIGATION IS ABSOULTE OR ONLY ONE OF DUE DILIGENCE: WHETHER LAYCAN EQUIVALENT TO AN ESTIMATED TIME OF ARRIVAL OR READINESS TO LOAD DATE
DMC/SandT/17/14
England
Glencore International AG v MSC Mediterranean Shipping Company S.A.
English Court of Appeal; Lewison and Henderson LJJ, Sir Christopher Clarke; [2017] EWCA Civ 365; 24 May 2017:[[87]]
CARRIAGE OF GOODS BY SEA: MISDELIVERY OF CARGO: MEANING OF “DELIVERY ORDER": ELECTRONIC RELEASE SYSTEMS IN OPERATION AT PORT OF DISCHARGE: WHETHER A RELEASE NOTE CONTAINING PIN CODES CONSTITUTED A DELIVERY ORDER: WHETHER CONSIGNEE ESTOPPED BY PREVIOUS USE OF ERS SYSTEM
DMC/SandT/17/13
England
Navalmare UK Limited v Kale Maden Hammaddeler Sanayi ve Ticart AS (The “Arundel Castle”)
English Commercial Court: Knowles J: [2017] EWHC 116 (Comm): 31 January 2017: [[88]]
VOYAGE CHARTER: MEANING OF “PORT LIMITS”: ARBITRATION ACT 1996 SECTION 69 APPEAL
DMC/SandT/17/12
Singapore
DSA Consultancy (FZC) v The “Eurohope”
Singapore High Court; Chua Lee Ming J; [2017] SGHC 218: [[89]]
ADMIRALTY JURISDICTION: ARREST TO OBTAIN SECURITY IN AID OF FOREIGN COURT PROCEEDINGS
DMC/SandT/17/11
Canada
De Wolf Maritime Safety BV v Traffic-Tech International Inc. (The “Zagora”)
Federal Court, Ontario: Madam Justice St-Louis; 2017 FC 23: 11 January 2017:[[90]]
HAGUE-VISBY RULES: WHETHER CARGO CARRIED ON-DECK UNDECLARED AMOUNTED TO “GOODS” AS DEFINED IN THE RULES: WHETHER A CARRIER COULD RELY ON THE LIMITATION OF LIABILITY FOR DAMAGE TO GOODS CARRIED ON-DECK WITHOUT AUTHORISATION
DMC/SandT/17/10
England
Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd. English Commercial Court: Teare J: (2016) EWHC 3122 (Comm): [[91]]
CHARTERPARTY (TIME): NYPE INTER-CLUB AGREEMENT 1996, CLAUSE 8(D): WHETHER “ACT” REQUIRES FAULT
DMC/SandT/17/09
Singapore
The “Posidon” and another matter
Singapore High Court; Belinda Ang Saw Ean J; [2017] SGHC 138:[[92]]
CLAIMS AGAINST SHIP SALE PROCEEDS: PRIORITIES: CIRCUMSTANCES IN WHICH ESTABLISHED ORDER OF PRIORITIES MAY BE DEPARTED FROM: CIRCUMSTANCES IN WHICH NECESSARIES CLAIM MAY RANK ABOVE MORTGAGEE’S CLAIM: WHETHER REQUIREMENT OF KNOWLEDGE OF NATURE AND EXTENT OF EXPENDITURE DIFFERS FOR DIFFERENT KINDS OF NECESSARIES CLAIMS
DMC/SandT/17/08
England
Fulton Shipping Inc v Globalia Business Travel SAU (The “New Flamenco”)
United Kingdom Supreme Court: Neuberger, Mance, Clarke, Sumption and Hodge SCJJ: [2017] UKSC 43: 28 June 2017:[[93]]
TIME CHARTER: REPUDIATION: QUANTUM: WHETHER CREDIT TO BE GIVEN FOR CAPITAL VALUE OF VESSEL SOLD ON REPUDIATION FOR A GREATER SUM THAN VALUE ON CONTRACTUAL REDELIVERY DATE: ARBITRATION ACT 1996 SECTION 69 APPEAL
DMC/SandT/17/07
England
Gard Marine & Energy Ltd v China National Chartering Co Ltd and another/China National Chartering Co Ltd v Gard Marine & Energy Ltd and another/Daiichi Chuo Kisen Kaisha v Gard Marine & Energy Ltd and another (The “Ocean Victory”)
United Kingdom Supreme Court: Mance, Clarke, Sumption, Hodge and Toulson SCJJ: [2017] UKSC 35: 10 May 2017:[[94]]
DEMISE CHARTERPARTY: TIME CHARTERPARTY: CONTACT WITH BREAKWATER AND GROUNDING AT PORT RESULTING IN CONSTRUCTIVE TOTAL LOSS AND WRECK REMOVAL OF VESSEL: WHETHER LOSS CAUSED BY BREACH OF SAFE PORT UNDERTAKING OR BY AN ABNORMAL OCCURRENCE: WHETHER SUBROGATED RIGHTS OF HULL INSURERS AND INSURED LOSSES OF OWNERS AGAINST DEMISE CHARTERERS PRECLUDED BY DEMISE CHARTERPARTY TERMS: WHETHER TIME CHARTERERS ENTITLED TO LIMIT LIABILITY AGAINST HULL INSURERS AND OWNERS: BARECON 89 FORM: MERCHANT SHIPPING ACT 1995: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976
DMC/SandT/17/06
England
Bahamas Oil Refining Company International Limited v Cape Bari Tankschiffahrts GmbH & Co KG (The “Cape Bari”)
Judicial Committee of the Privy Council: Neuberger, Mance, Clarke, Sumption and Toulson SCJJ: [2016] UKPC 20: 19 July 2016:[[95]]
CONDITIONS OF USE OF BERTH: COLLISION BETWEEN VESSEL AND BERTH: WHETHER – UNDER CONDITIONS OF USE OF BERTH - VESSEL CAN CONTRACT OUT OF OR WAIVE STATUTORY RIGHT TO LIMIT LABILITY: WHETHER UNDER CONDITIONS OF USE VESSEL DID CONTRACT OUT OF OR WAIVE RIGHT TO LIMIT: MERCHANT SHIPPING (MARITIME CLAIMS LIMITATION OF LIABILITY) ACT 1989 OF THE BAHAMAS: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976
DMC/SandT/17/05
England
Oldendorff GmbH & Co KG v Sea Powerful II Special Maritime Enterprises (The “Zagora”)
English High Court (Commercial Court): Mr Justice Teare: [2016] EWHC 3212; 15 December 2016:[[96]]
LETTER OF INDEMNITY: WHETHER THE DISCHARGE PORT AGENT WAS ACTING ON BEHALF OF THE SHIPOWNERS OR THE PERSON NAMED IN THE LETTER OF INDEMNITY AS THE PERSON TO WHOM DELIVERY OF THE CARGO WAS TO BE MADE
DMC/SandT/17/04
England
MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt
Court of Appeal; Moore-Bick and Tomlinson LJJ, Keehan J.; [2016] EWCA Civ 789; 27 July 2016:[[97]]
CONTAINER DEMURRAGE: FRUSTRATION: REPUDIATION AND LEGITIMATE INTEREST: GOOD FAITH: PENALTIES
DMC/SandT/17/03
England
SPAR SHIPPING AS v GRAND CHINA LOGISTICS HOLDING (GROUP) CO LTD (THE “SPAR CAPELLA”, “SPAR VEGA” AND “SPAR DRACO”)
Court of Appeal; Sir Terence Etherton MR, Gross and Hamblen LJJ; [2016] EWCA Civ 982; 7 October 2016:[[98]]
NYPE 1993 FORM TIME CHARTERPARTY: WHETHER THE CHARTERERS’ DUTY TO PAY HIRE IS A CONDITION OR AN INNOMINATE TERM: WHETHER THE CHARTERERS’ CONDUCT AMOUNTED TO REPUDIATORY BREACH OF THE TIME CHARTER
DMC/SandT/17/02
England
Volcafe Ltd and Others v Compania Sud Americana de Vapores SA (trading as “CSAV”)
English Court of Appeal: Gloster LJ, King LJ and Flaux J: (2016) EWCA Civ 1103: [[99]]
CARRIAGE OF GOODS BY SEA: CONSIGNMENTS OF BAGGED COFFEE BEANS IN CONTAINERS CARRIED ON LCL/FCL TERMS: CARGO DAMAGED BY CONDENSATION: TEMPORAL SCOPE OF HAGUE RULES: BURDEN OF PROOF: WHETHER CARRIER FAILED PROPERLY AND CAREFULLY TO LOAD AND CARRY THE GOODS: WHETHER CARRIER ENTITLED TO RELY ON “INHERENT VICE” EXCEPTION: WHETHER DAMAGE INEVITABLE: HAGUE RULES, ARTICLE III RULE 2 AND ARTICLE IV RULE 2(M)
DMC/SandT/17/01
England
ST Shipping & Transport INC v Kriti Filoxenia Shipping Co SA (The “Kriti Filoxenia”)
High Court: Queen’s Bench Division (Commercial Court); Mr Justice Walker; [2015] EWHC 997 (Comm); 14 May 2015
CHARTERPARTY: WHETHER THE CHARTERERS’ RIGHT TO CANCEL THE CHARTERPARTY PURSUANT TO THE LAYCAN PROVISION SURIVIVES A RE-NOMINATION OF THE LOAD PORT
DMC/SandT/16/07
England
FSL-9 Pte Ltd and Nordic Tankers Trading A/S v Norwegian Hull Club (The “FSL New York”)
English Commercial Court: Blair J: [2016] EWHC 1091 (Comm): 10 May 2016: [[100]]
LETTER OF UNDERTAKING: P&I CLUB: WHETHER CLAIMANT OWNERS COULD APPLY TO HIGH COURT TO REQUIRE DEFENDANT P&I CLUB TO INCREASE LEVEL OF SECURITY AVAILABLE UNDER A LETTER OF UNDERTAKING ISSUED BY THE CLUB TO OWNERS: MEANING OF “LIBERTY TO APPLY” IN LETTER OF UNDERTAKING SUBJECT TO ENGLISH LAW AND EXCLUSIVE JURISDICTION OF HIGH COURT IN LONDON
DMC/SandT/16/06
England
NYK Bulkship (Atlantic) NY v Cargill International SA, The “Global Santosh”
Court; Lords Neuberger, Mance, Clarke, Sumption, Toulson; [2016] UKSC 20; 11 May 2016:[[101]
OFF-HIRE CLAUSE RE DELAY ARISING FROM ARREST OF VESSEL: WHETHER ACTS OF RECEIVERS AND SUB-CHARTERERS WERE TO BE CONSIDERED “DEFAULT OF THE CHARTERERS OR THEIR AGENTS”
DMC/SandT/16/05
England
PST Energy 7 Shipping LLC & Product Shipping and Trading SA v OW Bunker Malta Limited & ING Bank NV, the “RES COGITANS”
Supreme Court; Lords Neuberger, Mance, Clarke, Hughes, Toulson; [2016] UKSC 23, 11 May 2016: [[102]]
RETENTION OF TITLE CLAUSE; GOODS CONTEMPLATED TO BE CONSUMED BEFORE TITLE PASSED; SALE OF GOODS ACT 1979 INAPPLICABLE; COMMENTS ON POSITION IF SALE OF GOODS ACT 1979 APPLIED
DMC/SandT/16/04
England
Crescendo Maritime Co. & Alpha Bank AE v Bank of Communications Co Ltd & Ors.
English High Court; Teare J; [2015] EWHC 3364 (Comm), 25 November 2015: [[103]]
BACK-DATED SHIPBUILDING CONTRACT: REFUND GUARANTEES: ARBITRATION PROCEEDINGS: ACTION COMMENCED IN CHINESE COURTS BY A PARTY TO THE ARBITRATION AGREEMENT: BREACH OF ARBITRATION AGREEMENT:WHETHER AN ANTI-SUIT INJUNCTION SHOULD BE ISSUED:: WHETHER CHINESE PROCEEDINGS A COLLATERAL ATTACK ON ARBITRATION AWARD
DMC/SandT/16/03
England
SBT Star Bulk & Tankers (Germany) GmbH & Co KG v Cosmotrade SA (The “Wehr Trave”)
English Commercial Court: Eder J: [2016] EWHC 583 (Comm): 22 March 2016:[[104]]
TIME CHARTER TRIP: WHETHER THE PARTICULAR TERMS OF THE CHARTER PERMITTED CHARTERERS TO ORDER THE VESSEL TO LOAD A FURTHER CARGO AFTER THE INITIAL CARGO HAD BEEN DISCHARGED: ARBITRATION ACT 1996 SECTION 69 APPEAL
DMC/SandT/16/02
England
Fulton Shipping Inc v Globalia Business Travel SAU (The “New Flamenco”)
English Court of Appeal: Longmore, Christopher Clarke and Sales LLJ: [2015] EWCA Civ 1299: 21 December 2015:[[105]
TIME CHARTER: REPUDIATION: QUANTUM OF DAMAGES: WHETHER CREDIT TO BE GIVEN FOR CAPITAL VALUE OF VESSEL SOLD ON REPUDIATION FOR A GREATER SUM THAN ITS VALUE ON CONTRACTUAL REDELIVERY DATE: ARBITRATION ACT 1996 SECTION 69 APPEAL
DMC/SandT/16/01
England
Louis Dreyfus Commodities Suisse SA v MT Maritime Management BV (The “MTM Hong Kong”)
English Commercial Court: Males J: [2015] EWHC 2505 (Comm): 1 September 2015: [[106]]
CHARTERPARTY: QUANTIFICATION OF DAMAGES FOR REPUDIATION OF VOYAGE CHARTER: DAMAGES FOR POSITIONAL LOSS IN ADDITION TO USUAL PROFIT LOSS: WHETHER DAMAGES LIMITED BY REFERENCE TO PERIOD WHEN CONTRACT VOYAGE WOULD HAVE ENDED: APPEAL UNDER SECTION 69 OF THE ARBITRATION ACT 1996
DMC/SandT/15/18
England
Société de Distribution de Toutes Marchandises en Côte D’Ivoire, trading as “SDTM-CI”, and others v. Continental Lines N.V. and another (the “Sea Miror”)
English High Court: Flaux J; 18 June 2015: [2015] EWHC 1747 (Comm): [[107]]
SYNACOMEX 90 CHARTERPARTY: LOADING AND DISCHARGING TO BE AT THE EXPENSE AND RISK OF THE SHIPPERS/CHARTERERS AND RECEIVERS/CHARTERERS RESPECTIVELY: WHETHER OWNERS RESPONSIBLE FOR CARGO LOSS AND DAMAGE OCCURRING DURING LOADING AND DISCHARGE
DMC/SandT/15/17
England
PST Energy 7 Shipping LLC & Product Shipping and Trading SA v OW Bunker Malta Limited & ING Bank NV, the “RES COGITANS”
Court of Appeal; Moore-Bick, Longmore, McCombe LJJ; [2015] EWCA Civ 1058, 22 October 2015: []
ARBITRATION ACT 1996 SECTION 69 APPEAL: SUPPLY OF BUNKERS: RETENTION OF TITLE CLAUSE: CONTEMPLATED THAT GOODS WOULD BE CONSUMED BEFORE TITLE PASSED: NO PASSING OF PROPERTY INTENDED: SALE OF GOODS ACT 1979 INAPPLICABLE
DMC/SandT/15/16
Singapore
Equatorial Marine Fuel Management Services Pte Ltd v MISC Berhad, the “BUNGA MELATI 5”
High Court; Prakash J; [2015] SGHC 190, 22 July 2015:[[108]]
BUNKER BROKERS: AGENCY: ACTUAL AUTHORITY, APPARENT AUTHORITY, AND ESTOPPEL: NO GENERAL ‘DUTY TO SPEAK’
DMC/SandT/15/15
England
Arnold v Britton
UK Supreme Court: Lord Neuberger of Abbotsbury PSC, Lord Sumption, Lord Carnwath, Lord Hughes, Lord Hodge JJSC: [2015] UKSC 36, [2015] 2 WLR 1593: 10 June 2015:[[109]]
LANDLORD AND TENANT: LONG RESIDENTIAL LEASES: INCREASE OF SERVICE CHARGE AT YEARLY RATE OF 10% ON COMPOUND BASIS: CONTRACTUAL INTERPRETATION: CONTROL OF PARTIES OVER LANGUAGE USED IN CONTRACT: THAT CONTRACTUAL ARRANGEMENT WORKED OUT BADLY FOR ONE PARTY NO REASON FOR DEPARTING FROM NATURAL LANGUAGE
DMC/SandT/15/14
England
Bunge SA v Nidera BV
UK Supreme Court: Lords Neuberger, Mance, Clarke, Sumption and Toulson: [2015] UKSC 437: 1 July 2015:[[110]]
INTERNATIONAL SALE OF GOODS: DAMAGES: SALE OF GRAIN BASED ON GAFTA FORM 49: EMBARGO ON EXPORTS: PREMATURE TERMINATION OF CONTRACT BY SELLERS BEFORE EMBARGO TOOK EFFECT: ASSESSMENT OF DAMAGES TO TAKE INTO ACCOUNT EFFECT OF EMBARGO: NO LOSS SUFFERED BY BUYERS
DMC/SandT/15/13
The Netherlands
The Kingdom of The Netherlands v Owners of the yacht Qubio – “The Qubio”
Supreme Court of the Netherlands: Vice-President F.B. Bakels as chairman and judges G. Snijders, G. de Groot, M.V. Polak and T.H. Tanja-van den Broek'; 10 July 2015, Case no. ECLI:NL:HR:2015:1836:[[111]]
WRECK OF VESSEL: EXTENSION OF LIABILITY OF THE OWNER OF A SUNKEN VESSEL TO PAY FOR COSTS OF MARKING THE WRECK AS A TEMPORARY OR PRECAUTIONARY MEASURE
DMC/SandT/15/12
Singapore
Precious Shipping Public Company Ltd & Ors v OW Bunker Far East (Singapore) Pte Ltd & Ors and other matters
Singapore High Court; Chong J; [2015] SGHC 187, 21 July 2015: [[112]]
WHETHER INTERPLEADER RELIEF AVAILABLE TO ULTIMATE PURCHASERS OF BUNKERS: WHETHER POTENTIAL CLAIMS BY PHYSICAL SUPPLIERS (WHO SOLD THOSE BUNKERS TO INTERMEDIATE BUYERS) WERE SUFFICIENT TO FOUND THE COURT’S INTERPLEADER JURISDICTION
DMC/SandT/15/11
England
Glencore Energy UK Ltd v Cirrus Oil Services Ltd
English High Court (Commercial Court): Cooke J: [2014] EWHC 87 (Comm), [2014] 2 Lloyd’s Rep 1: 24 January 2014::[[113]]
CONTRACT FOR SALE OF OIL BLEND: WHETHER A BINDING CONTRACT EXISTED: FIRM OFFER WITH ESSENTIAL TERMS ACCEPTED: NAME OF SELLER INFERRED FROM PREVIOUS DEALINGS BETWEEN PARTIES: DAMAGES FOR NON-ACCEPTANCE UNDER SALE OF GOODS ACT 1979, SECTIONS 50(2) AND (3) NOT EXCLUDED BY CLAUSE 32.1 OF BP 2007 GENERAL TERMS AND CONDITIONS FOR CFR SALES
DMC/SandT/15/10
England
Maestro Bulk Ltd v Cosco Bulk Carrier Ltd, the “Great Creation”
English High Court; Cooke J; [2014] EWHC 3978 (Comm), 15 December 2014:[[114]]
TIME CHARTERPARTY: UNTIMELY REDELIVERY NOTICES: “BELOW MARKET” FOLLOW-ON FIXTURE: HOW DAMAGES TO BE CALCULATED: MITIGATION
DMC/SandT/15/09
England
Metall Market OOO v Vitorio Shipping Co Ltd (The “Lehmann Timber”)
English Court of Appeal: Arden, Patten LLJ andSir Bernard Rix: [2013] EWCA Civ 650: [2014] QB 760, [2013] 2 Lloyd’s Rep 541:[[115]]
CARRIAGE OF GOODS: GENERAL AVERAGE: REQUEST BY SHIPOWNER FOR SECURITY IN THE FORM OF GENERAL AVERAGE BOND SUPPORTED BY GENERAL AVERAGE GUARANTEE: WHETHER TERMS OF REQUEST REASONABLE: WHETHER ACCEPTANCE OF PART SECURITY A WAIVER OF SHIPOWNER’S LIEN: WHETHER EXPENSES OF STORING CARGO ASHORE IN EXERCISE OF LIEN RECOVERABLE
DMC/SandT/15/08
England
PST Energy 7 Shipping LLC & Product Shipping and Trading SA v OW Bunker Malta Limited & ING Bank NV, the “RES COGITANS”
English High Court; Males J; [2015] EWHC 2022 (Comm) 14 July 2015:[[116]]
ARBITRATION ACT 1996 S.69 APPEAL: BUNKER SUPPLY CONTRACT ON CREDIT TERMS: RETENTION OF TITLE CLAUSE: PARTIES CONTEMPLATED BUNKERS WOULD LIKELY BE CONSUMED BEFORE PAYMENT MADE AND TITLE PASSED: WHETHER SALE OF GOODS ACT 1979 APPLICABLE: WHETHER REQUIREMENTS OF S.49 MET
DMC/SandT/15/07
England
Spar Shipping AS v Grand China Logistics Holding (Group) Co., Ltd
English High Court: Queen's Bench Division Commercial Court: [2015] EWHC 718 (Comm): Popplewell J.: 18 March 2015[[117]]
NYPE 1993 FORM TIMECHARTER: FAILURE TO PAY HIRE ON TIME: WHETHER BREACH OF CONDITION: WHETHER BREACH OF AN INNOMINATE TERM: RIGHT TO CLAIM DAMAGES FOR LOSS OF BARGAIN: WHETHER CHARTERER’S CONDUCT AMOUNTED TO REPUDIATORY BREACH OF CONTRACT
DMC/SandT/15/06
England
Gard Marine & Energy Ltd (Respondents/Claimants) v China National Chartering Co. Ltd (Intermediate Charterers) v China National Chartering Co. Ltd v Daiichi Chuo Kisen Kaisha (Charterers/Appellants), - The “Ocean Victory”: [[118]]
English Court of Appeal: Longmore, Gloster and Underhill LJJ: [2015] EWCA Civ 16: 22 January 2015:
SAFE PORT: WHETHER COMBINATION OF ‘LONG WAVE’ SWELL AND A SEVERE GALE AN ‘ABNORMAL OCCURRENCE’: SUBROGATION: WHETHER INSURER OF BOTH PARTIES TO A BARECON CHARTERPARTY MAY SUE AN ASSURED FOR BREACH OF CHARTER
DMC/SandT/15/05
England
Standard Chartered Bank v Dorchester LNG (2) Limited (The “Erin Schulte”)
English Court of Appeal: Sir Bernard Rix, Moore-Bick and Briggs LJJ: [2014] EWCA Civ 1382: 22 October 2014:[[119]]
BILL OF LADING: LETTER OF CREDIT: INITIAL REJECTION OF THE PRESENTATION: MEANING OF “INDORSEMENT” OF BILL OF LADING: TRANSFER OF RIGHTS OF SUIT: CARRIAGE OF GOODS BY SEA ACT 1992 SECTIONS 2(2)(A) AND 5(2)(B)
DMC/SandT/15/04
Hong Kong
The Alas renamed The Kombos: Hong Kong Court of First Instance: Ng J: HCAJ 241/2009: [2014] 4 HKLRD 160: 21 July 2014:[[120]]
ADMIRALTY: WARRANT OF ARREST: SHIPOWNERS’ CLAIM FOR DAMAGES AND UNPAID HIRE: FOREIGN ARBITRAL AWARD NOT SATISFIED: NO BAR TO ACTION IN REM FOR CLAIM ARISING OUT OF AGREEMENT FOR USE OR HIRE OF THE SHIP
DMC/SandT/15/03
Hong Kong
Antwerp Diamond Bank NV v Brink’s Inc
Hong Kong Court of First Instance: Lam and Lunn VPP and Barman JA: CACV No.282 of 2012: [2014] 4 HKLRD 158: 17 July 2014: [[121]]
CARRIAGE OF GOODS BY AIR: MISDELIVERY: GOODS RELEASED TO BUYER WITHOUT CONSENT OF PLEDGEE BANK AND WITHOUT PAYMENT: LOCUS OF PLEDGEE BANK TO SUE FOR CONVERSION: AGREEMENT BY SELLER TO PLEDGE FINISHED GOODS TO BANK: DELIVERY OF GOODS TO FREIGHT FORWARDER COMPLETED PLEDGE: CONSTRUCTIVE DELIVERY OF GOODS TO BANK
DMC/SandT/15/02
England
E D & F Man Sugar Ltd v Unicargo Transportgesellschaft GmbH (Polska Zegluga Morska PP, interested party), The “Ladytramp”
Court of Appeal; Pattern, Tomlinson, Christopher Clarke LJJ; [2013] EWCA Civ 1449, 19 November 2013: [[122]]
SUGAR CHARTERPARTY 1999: DESTRUCTION BY FIRE OF FACILITIES AT LOADING TERMINAL NOT WITHIN CLAUSE 28 EXCEPTION TO LAYTIME OF “MECHANICAL BREAKDOWNS”
DMC/SandT/15/01
England
NYK Bulkship (Atlantic) NY v Cargill International SA, The “Global Santosh”
Court of Appeal; Gross LJ, Gloster LJ, Sir Burnton; [2014] EWCA Civ 403, 8 April 2014:[[123]]
OFF-HIRE CLAUSE RE DELAY ARISING FROM ARREST OF VESSEL: WHETHER SUB-CHARTERERS AND RECEIVERS WERE ‘AGENTS’ OF THE CHARTERERS: WHETHER THE PERSONAL ACT, OMISSION OR DEFAULT TO WHICH CLAUSE REFERRED MUST HAVE OCCURRED DURING PROVISION OF RELEVANT SERVICES
DMC/SandT/14/17
Singapore
Singapore Court of Appeal
Out of the Box Pte Ltd v Wanin Industries Pte Ltd [2013] SGCA 15:
Sundaresh Menon CJ, Chao Hick Tin JA and Andrew Phang Boon Leong JA: 6 February 2013: [2013] 2 SLR 363:[[124]]
CONTRACT: REMOTENESS OF DAMAGE: BEVERAGE DISTRIBUTOR ENGAGING MANUFACTURER TO PRODUCE NEW SPORTS DRINK: MANUFACTURER UNAWARE OF DISTRIBUTOR’S PLAN TO PROMOTE POPULAR DEMAND FOR GENERIC DRINK THROUGH AGGRESSIVE ADVERTISING: MANUFACTURER SUPPLYING DEFECTIVE SHIPMENT OF DRINKS IN BREACH OF CONTRACT: ABANDONMENT OF PROMOTION: WHETHER WASTED ADVERTISING EXPENSES CLAIMED BY DISTRIBUTOR TOO REMOTE
DMC/SandT/14/16
England
Great Elephant Corporation v Trafigura Beheer BV v Vitol SA & Vitol Asia Pte Ltd v China Offshore Oil (Singapore) International Pte Ltd (The “Crudesky”)
English Court of Appeal: Longmore, Tomlin and Underhill LJJ: [2013] EWCA Civ 1547, [2014] 1 Lloyd’s Rep 1: 25 July 2013:[[125]]
VOYAGE CHARTER: FOB SALE CONTRACT CHAIN: DEMURRAGE: “RESTRAINT OF PRINCES” EXCEPTION: UNFORESEEABLE FORCE MAJEURE BEYOND CONTROL OR REASONABLE CONTROL
DMC/SandT/14/15
England
Fulton Shipping Inc v Globalia Business Travel SAU (The “New Flamenco”)
English Commercial Court: Popplewell J: [2014] EWHC 1457 (Comm): 21 May 2014:[[126]]
TIME CHARTER: REPUDIATION: QUANTUM: WHETHER CREDIT TO BE GIVEN FOR CAPITAL VALUE OF VESSEL SOLD ON REPUDIATION FOR A GREATER SUM THAN VALUE ON CONTRACTUAL REDELIVERY DATE: ARBITRATION ACT 1996 SECTION 69 APPEAL
DMC/SandT/14/14
England
Geden Operations Ltd v Dry Bulk Handy Holdings Inc (The “Bulk Uruguay”)
English Commercial Court: Popplewell J: [2014] EWHC 885 (Comm): 28 March 2014[[127]]
TIME CHARTER: ANTICIPATORY REPUDIATORY BREACH: RIGHT TO GIVE VOYAGE ORDERS TO TRANSIT GULF OF ADEN: ARBITRATION ACT 1996 SECTION 69 APPEAL
DMC/SandT/14/13
England
Proton Energy Group SA v Orlen Lietuva
English Queen’s Bench Division (Commercial Court): HH Judge Mackie QC: [2013] EWHC 2872 (Comm): [[128]]
CONTRACT: CONTRACT FOR SALE OF OIL BLEND: EXISTENCE OF BINDING CONTRACT: PARTIES REGARDED THEMSELVES AS BEING BOUND AFTER DEAL WAS CONFIRMED: SPECIFICATION OF OIL BLEND NOT FORMING PART OF SALE BY DESCRIPTION
DMC/SandT/14/12
England
Falkonera Shipping Company v Arcadia Energy Pte Ltd (The “Falkonera”)
English Court of Appeal (Civil Division); Floyd and Christopher Clarke LJJ, Sir Stanley Burnton; [2014] EWCA Civ 713; 5 June 2014:[[129]]
SHIPPING: TANKER TRANSHIPMENT: SHIP-TO-SHIP (“STS”) TRANSFERS: CHARTERPARTY PROVIDING FOR STS TRANSFERS TO BE SUBJECT TO OWNERS’ APPROVAL WHICH NOT TO BE UNREASONABLY WITHHELD: OWNERS WITHHOLD CONSENT FOR A STS TRANSFER BETWEEN TWO VLCCs: WHETHER OWNERS’ WITHHOLDING OF APPROVAL REASONABLE
DMC/SandT/14/11
England
British American Tobacco Switzerland SA v Exel Europe Ltd; British American Tobacco Denmark A/S v Exel Europe Ltd
Court of Appeal: McFarlane L.J.; Sir Bernard Rix; Sir Timothy Lloyd: [2013] EWCA Civ 1319: 30 October 2013:[[130]]
CARRIAGE OF GOODS BY ROAD: CMR CONVENTION: CARGO LOSS: ESTABLISHING JURISDICTION AGAINST SUCCESSIVE CARRIERS: WHETHER CLAIMANT THAT HAS ESTABLISHED JURISDICTION UNDER ART.31.1 AGAINST ONE CARRIER CAN RELY ON THAT JURISDICTION TO JOIN SUCCESSIVE CARRIERS
DMC/SandT/14/10
England
Trafigura Beheer BV v Navigazione Montanari SPA [2014] EWHC 129 Comm
English High Court: Queen’s Bench Division: Andrew Smith J.: 30 January 2014:[[131]]
CHARTERPARTY: CARRIAGE OF GOODS BY SEA: VESSEL CARRYING CONSIGNMENT OF MOTOR OIL ATTACKED BY PIRATES: WHETHER QUANTITY OF OIL TAKEN BY PIRATES CONSTITUTED "IN-TRANSIT LOSS" OR "LOST CARGO" FOR PURPOSES OF IN-TRANSIT LOSS CLAUSE IN CHARTERPARTY
DMC/SandT/14/09
England
Yuzhny Zavod Metall Profil LLC v Eems Beheerder B.V. (“the M/V EEMS SOLAR”):
English High Court, Queen’s Bench Division, Admiralty Court: Jervis K, Q.C, the Admiralty Registrar: 5 June 2013:[[132]]
BILLS OF LADING: INCORPORATION OF CHARTERPARTY TERMS PROVIDING THAT CHARTERERS WERE RESPONSIBLE FOR STOWAGE: WHETHER OWNERS COULD RELY ON THAT CLAUSE AS DEFENCE TO CLAIM BY RECEIVERS FOR CARGO DAMAGE CAUSED BY BAD STOWAGE
DMC/SandT/14/08
England
Martrade Shipping & Transport GmbH V United Enterprises Corporation (The “Wisdom C”):[[133]]
English High Court, Queen’s Bench Division (Commercial Court); Popplewell J; [2014] EWHC 1884 (Comm); 12 June 2014
TIMECHARTER PROVIDING FOR ENGLISH LAW AND LONDON ARBITRATION: ARBITRATORS AWARDING PENAL RATE OF INTEREST: WHETHER “SIGNIFICANT CONNECTION” BETWEEN CHARTERPARTY AND ENGLAND: WHETHER “APPLICABLE LAW” A FOREIGN LAW: LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998: ARTICLES 3 AND 4 – CONTRACTS (APPLICABLE LAW) ACT 1990
DMC/SandT/14/07
Hong Kong
Darby International Investment Ltd v Rong Tai International Shipping Ltd
Hong Kong Court of First Instance: Deputy High Court Judge B Chu: HCMP1438 of 2013: 2 December 2013:[[134]]
http://www.hklii.hk/eng/hk/cases/hkcfi/2013/2031.html
MARITIME LAW: REGISTRATION OF VESSELS: VESSEL APPARENTLY REGISTERED IN MORE THAN ONE JURISDICTION: DECLARATION AS TO VALIDITY OF REGISTRATION IN HONG KONG: PURPOSE OF GRANTING DECLARATION
DMC/SandT/14/06
England
Flame SA v Glory Wealth Shipping Pte Ltd
English Commercial Court: Teare J: [2013] EWHC 3153 (Comm): 22 October 2013:[[135]]
CONTRACT OF AFFREIGHTMENT: REPUDIATION: QUANTUM OF DAMAGES: COMPENSATORY PRINCIPLE: WHETHER INNOCENT PARTY MUST PROVE ABILITY TO PERFORM OBLIGATIONS, HAD CONTRACT CONTINUED, TO RECOVER SUBSTANTIAL DAMAGES FROM CONTRACT BREAKER
DMC/SandT/14/05
England
Bulk Ship Union SA v Clipper Bulk Shipping Limited (The "Pearl C")
English High Court: Popplewell J.: 26 June 2012 [2012] 2 Lloyd’s Rep. 533:[[136]]
TIMECHARTER ON NYPE FORM: SLOW STEAMING: WHETHER A BREACH OF ‘UTMOST DESPATCH’ OBLIGATION: WHETHER VESSEL OFF-HIRE BY REASON OF DEFAULT OF MASTER: WHETHER PARTIAL INTERRUPTION IN SERVICE SUFFICIENT TO TRIGGER OFF-HIRE CLAUSE
DMC/SandT/14/04
Hong Kong
Maintek Computer (Suzhou) Co Ltd v Blue Anchor Line
Hong Kong Court of First Instance: To J: HCAJ No.106 of 2008: 2 April 013:[]
http://www.hklii.hk/eng/hk/cases/hkcfi/2013/506.html
CARRIAGE OF GOODS BY SEA: MISDELIVERY BY OCEAN TERMINAL: CLAIM FOR SUMMARY JUDGMENT AGAINST CARRIER: MEANING OF “DELIVERY” FOR PURPOSE OF TIME LIMITATION: WHETEHR EXEMPTION CLAUSE FOR ANY CAUSE OR EVENT WHICH CARRIER COULD NOT AVOID APPLICABLE: WHETHER LIMITATION OF LIABILITY BY REFERENCE TO WEIGHT OF CARGO APPLICABLE
DMC/SandT/14/03
England
Sea-Cargo Skips AS v State Bank of India
English High Court: Queen’s Bench Division (Commercial Court): Teare J: [2013] EWHC 177 (Comm): 26 June 2013:[[137]]
SHIPBUILDING CONTRACT: REFUND GUARANTEE: QUESTION OF CONSTRUCTION: WHETHER DEMAND WAS SUFFICIENT TO TRIGGER BANK’S LIABILITY: AMBIGUOUS DEMAND NOT COMPLIANT
DMC/SandT/14/02
Singapore
Singapore High Court
The “Turtle Bay” [2013] SGHC 165 : Judgment delivered by Belinda Ang Saw Ean J, 30 August 2013: [[138]]
SALE OF VESSEL UNDER ARREST: WHEN DIRECT PRIVATE SALE OF VESSEL UNDER ARREST CONSTITUTES CONTEMPT OF COURT: PRINCIPLES AND EFFECT OF ADMIRALTY JUDICIAL SALE: WHEN COURT WILL SANCTION A DIRECT PRIVATE SALE
DMC/SandT/14/01
England
Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities S.A. The MV “Athena”
Court of Appeal; Tomlinson, Lewison and Underhill LJJ; [2013] EWCA Civ 1723; 17 July 2013[[139]]
TIME CHARTER ON NYPE FORM 1946: OFF-HIRE CLAUSE 15: WHETHER “LOSS OF TIME” MEANS NET LOSS OF TIME IN THE SERVICE IMMEDIATELY REQUIRED OR IN THE OVERALL CHARTER SERVICE
DMC/SandT/13/17
England
MRI Trading AG v Erdenet Mining Corporation LLC
English Court of Appeal: Pill, Tomlinson, McCombe LJJ: [2013] EWCA Civ 156: 08 Mar 2013:[[140]]
SALE OF GOODS: CERTAINTY OF CONTRACT TERMS: WHETHER TERMS AMOUNTED TO 'AGREEMENTS TO AGREE': PROPER APPROACH TO CONSTRUCTION AND IMPLICATION OF TERMS WITHIN A CONTRACT WHICH CONTAINS TERMS LEAVING MATTERS TO BE SUBSEQUENTLY AGREED
DMC/SandT/13/16
England
NYK Bulkship (Atlantic) N.V. v Cargill International S.A., The “Global Santosh”
English High Court; Field J; [2013] EWHC 30 (Comm); 1 February 2013:[[141]]
PERIOD OFF-HIRE CLAUSE COVERING DELAY ARISING FROM DETENTION OR ARREST OF VESSEL: WHETHER SUB-CHARTERERS OR RECEIVERS WERE AGENTS OF THE CHARTERERS: WHETHER DELAY TO VESSEL “OCCASIONED BY” RECEIVERS’ FAILURE TO DISCHARGE WITHIN THE LAYTIME AND/OR TO SECURE SELLERS’ DEMURRAGE CLAIM
DMC/SandT/13/15
England
Greatship (India) Limited v Oceanografia SA de CV (The “Greatship Driti”)
English Commercial Court: Gloster J: [2012] EWHC 3468 (Comm): 5 December 2012:[[142]]
TIME CHARTER: BIMCO SUPPLYTIME 89 FORM: CLAUSE 10(E): RIGHT TO SUSPEND PERFORMANCE FOR FAILURE TO PAY HIRE PUNCTUALLY: WHETHER GRACE PERIOD (ANTI-TECHNICALITY) NOTICE REQUIRED BEFORE EXERCISING RIGHT
DMC/SandT/13/14
England
Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities S.A. The MV “Athena”
English High Court; Walker J; [2012] EWHC 3608 (Comm); 13 December 2012:[[143]]
TIMECHARTER ON NYPE FORM 1946: OFF-HIRE CLAUSE 15: WHETHER “LOSS OF TIME” MEANS NET LOSS OF TIME IN THE SERVICE IMMEDIATELY REQUIRED OR IN THE OVERALL CHARTER SERVICE
DMC/SandT/13/13
England
Griffon Shipping LLC v Firodi Shipping Limited – The “MV Griffon”
High Court of Justice, Queen's Bench Division, Commercial Court: Teare J.: [2013] EWHC 593 (Comm): 21 March 2013:[[144]]
SHIPSALE AGREEMENT ON NORWEGIAN SALE FORM 1993: WHETHER SELLER CAN RECOVER UNPAID DEPOSIT WHERE BUYER IN REPUDIATORY BREACH
DMC/SandT/13/12
England
Wuhan Guoyu Logistics Group Co Ltd & Anor v Emporiki Bank of Greece SA
English Court of Appeal: Longmore, Rimer and Tomlinson, LJJ.: [2012] EWCA Civ 1629:[[145]]
SHIPBUILDING CONTRACT: PAYMENT GUARANTEE: WHETHER PAYMENT GUARANTEE A TRUE GUARANTEE OR AN ON-DEMAND BOND
DMC/SandT/13/11
England
Dalmare SpA v Union Maritime Ltd & Anor English High Court: Queen’s Bench Division: Commercial Court; Flaux J; [2012] EWHC 3537; 13 Dec 2012:[[146]]
SALE OF VESSEL "AS SHE WAS AT THE TIME OF INSPECTION": STATUTORY IMPLIED TERM AS TO QUALITY UNDER SALE OF GOODS ACT 1979: WHETHER SELLERS HAD EXCLUDED APPLICATION OF STATUTORY IMPLIED TERM; WHETHER SELLERS IN BREACH OF STATUTORY IMPLIED TERM
DMC/SandT/13/10
The Netherlands
Dana Petroleum Netherlands B.V. v Vos Sympathy B.V. The “Vos Sympathy”
Court of Appeal of The Hague: Judges: M.M. Olthof, A.A. Rijperman and R. van der Vlist: 11 December 2012: Case no. 200.079.897/01:[[147]]
SUPPLYTIME 2005 CHARTERPARTY: WHETHER HIMLAYA AND KNOCK FOR KNOCK CLAUSES 'REASONABLE AND FAIR' UNDER DUTCH CIVIL CODE ART.6:248.2
DMC/SandT/13/09
England
White Rosebay Shipping SA v Hong Kong Chain Glory Shipping Limited
English High Court: Queen’s Bench Division: Commercial Court; Teare J; [2013] EWHC 1355 (Comm); 23 May 2013:[[148]] TIME-CHARTERPARTY: CHARTERERS EVINCING INTENTION NOT TO PERFORM: OWNERS AFFIRMED CHARTERPARTY: WHETHER CHARTERERS’ REPUDIATORY CONDUCT CONTINUED: WHETHER OWNERS SUBSEQUENTLY ENTITLED TO TERMINATE
DMC/SandT/13/08
Hong Kong
Kulemesin Yuriy v HKSAR - The Neftegaz67
Hong Kong Court of Final Appeal: Ma CJ, Chan, Riberio and Tang PJJ and Lord Clarke of Stone-cum-Ebony NPJ: FACV No. 6 and 7 of 2012: 22 February 2013:[[149]]
http://www.hklii.hk/eng/hk/cases/hkcfa/2013/15.html
COLLISION: OFFENCE OF ENDANGERING THE SAFETY OF OTHERS: STATE OF MIND REQUIRED FOR THE OFFENCE OF ENDANGERMENT: NARROW CHANNEL AS QUESTION OF FACT: SHIPPING AND PORT CONTROL ORDINANCE (CAP.313, LAWS OF HONG KONG)
DMC/SandT/13/07
England
Bunge SA v Kyla Shipping Company Limited - The "Kyla"
English High Court; Flaux J; [2012] EWHC 3522 (Comm); 10 December 2012:[[150]]
NYPE 1946 CHARTERPARTY: H&M INSURANCE REQUIRED FOR AGREED FIGURE: CASUALTY REPAIRS EXCEED SHIP’S MARKET VALUE BUT NOT AGREED HULL VALUE: WHETHER CHARTERPARTY FRUSTRATED
DMC/SandT/13/06
England
Kuwait Rocks Co v AMN Bulkcarriers Inc (The “Astra”)
English Commercial Court: Flaux J: [2013] EWHC 865 (Comm): 18 April 2013: [[151]]
TIME CHARTER: WHETHER CHARTERERS’ CONDUCT REPUDIATORY: WHETHER OBLIGATION TO PAY HIRE IS A CONDITION: RIGHT TO CLAIM LOSS OF PROFIT FOR REPUDIATION OR BREACH OF HIRE PAYMENT OBLIGATION
DMC/SandT/13/05
The “Decurion”
Hong Kong
Hong Kong Court of Appeal: Fok, Chu JJA and McWalters J: CACV No.97 of 2012: 12 May 2012:[[152]]
http://www.hklii.hk/eng/hk/cases/hkca/2013/180.html
ADMIRALTY: IN REM JURISDICTION: CLAIM AGAINST VESSEL OWNED BY DEFENDANT: PAYMENT OUTSTANDING FOR BUNKERS SUPPLIED TO DEFENDANT FOR VESSELS CHARTERED BY RELATED COMPANY: STRIKING OUT: WHETHER DEFENDANT “IN POSSESSION OR IN CONTROL” OF CHARTERED VESSELS WITHIN SECTION 12B(4) OF HIGH COURT ORDINANCE
DMC/SandT/13/04
Germany
German Federal Supreme Court: Date of Judgement: 13 June 2012: [[153]]
CMR TRANSPORT: APPLICATION OF ART. 29 CMR: BURDEN OF PROOF: REDUCTION OF UNLIMITED LIABILITY DUE TO CONTRIBUTORY NEGLIGENCE ON THE PART OF THE SENDER IF THE CARRIER IS NOT NOTIFIED OF AN UNEXPECTEDLY HIGH VALUE OF THE TRANSPORT GOODS
DMC/SandT/13/03
England
Dry Bulk Handy Holding Inc and Compania Sud Americana de Vapores SA v Fayette International Holdings Ltd and Metinvest International SA (The “Bulk Chile”): English Commercial Court: Andrew Smith J: [2012] EWHC 2107 (Comm): 24 July 2012:[[154]]
CHAIN OF CHARTERPARTIES: HEAD TIME CHARTER, SUB-TIME CHARTER, TIME TRIP CHARTER AND VOYAGE CHARTER: OWNERS’ BILLS OF LADING: RIGHT TO INTERVENE IN COLLECTION OF FREIGHT: RIGHT TO LIEN SUB-FREIGHT AND SUB-HIRE: RIGHT TO HIRE OR REASONABLE REMUNERATION FOR COMPLETION OF VOYAGE FOLLOWING TERMINATION OF TIME CHARTER
DMC/SandT/13/02
England
Wuhan Ocean Economic & Technical Cooperation Co Ltd v Schiffahrts-Gesellschaft “Hansa Murcia” MBH & Co KG
English Queen’s Bench (Commercial Court): Cooke J: [2012] EWHC 3104 (Comm): 6 November 2012:[[155]]
CONTRACT FOR CONSTRUCTION OF VESSEL: ADDENDUM FOR SELLERS TO OBTAIN EXTENSION OF REFUND GUARANTEE: IMPLIED TERM TO OBTAIN EXTENSION WITHIN REASONABLE TIME BEFORE EXPIRY OF ORIGINAL GUARANTEE: INNOMINATE TERM: BUT BREACH OF IMPLIED TERM NOT A REPUDIATORY BREACH AS, UNDER THE TERMS OF THE GUARANTEE, BUYERS COULD MAINTAIN THE SECURITY BY COMMENCING ARBITRATION
DMC/SandT/13/01
Germany
German Federal Supreme Court
"Und Adryatik"; Date of Judgement: 15 December 2011: [[156]]
CMR TRANSPORT: APPLICATION OF ART. 2 CMR: FIRE ON RO-RO-CARRIER: HAGUE RULES AS ‘CONDITIONS PRESCRIBED BY LAW’: FIRE AS AN EVENT WHICH COULD ONLY HAVE OCCURRED BY REASON OF CARRIAGE BY SEA
DMC/SandT/12/25
England
E.D. & F. Man Sugar Ltd v Unicargo Transportgesellschaft mBh
English High Court (Commercial Court): Eder J: [2012] EWHC 2879 (Comm): 23 October 2012:[[157]]
CHARTERPARTY: LAYTIME AND DEMURRAGE: DESTRUCTION OF CONVEYOR-BELT SYSTEM AT LOADING PORT BEFORE FIXTURE: DELAY IN BERTHING: NO OBLIGATION ON CHARTERERS TO NOMINATE A SECOND BERTH: DESTRUCTION DID NOT CONSTITUTE MECHANICAL BREAKDOWN: ACT OF STATE-SPONSORED PORT AUTHORITY IN ORDINARY COURSE OF CARRYING OUT PORT OR ADMINISTRATIVE FUNCTIONS DID NOT FALL WITHIN EXCEPTION OF GOVERNMENT INTERFERENCE
DMC/SandT/12/24
England
Carboex SA v Louis Dreyfus Commodities Suisse SA
English Court of Appeal: Lord Neuberger MR, Moore-Bick and Toulson LJJ: [2012] EWCA Civ 838: 19 June 2011:[[158]]
DEMURRAGE: CALCULATION OF LAYTIME: STRIKE EXCEPTION: STRIKE CAUSING CONGESTION AT PORT AND CHARTERED VESSELS DELAYED FROM BERTHING AS A RESULT: PERIOD OF DELAY TO BE DISCOUNTED FROM CALCULATION OF LAYTIME SO LONG AS STRIKE WAS THE EFFECTIVE CAUSE OF DELAY
DMC/SandT/12/23
Singapore
Singapore Court of Appeal
The “Bunga Melati 5” [2012] SGCA 46: Judgment delivered by VK Rajah JA, 21st August 2012: [[159]]
ADMIRALTY JURISDICTION: WHETHER A GOOD ARGUABLE CASE ON THE MERITS REQUIRED: THE VASILIY GOLOVNIN EXPLAINED
DMC/SandT/12/22
Australia
1. Jebsens International (Australia) Pty Ltd and Anor v Interfert Australia Pty Ltd and Ors (2011) 112 SASR 297, 25 August 2011 (Anderson J)
2. Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd [2012] FCA 696, 29 June 2012 (Foster J):[[160]]
WHETHER VOYAGE CHARTERPARTY A "SEA CARRIAGE DOCUMENT" FOR PURPOSES OF S.11 AUSTRALIAN CARRIAGE OF GOODS BY SEA ACT 1991
DMC/SandT/12/21
England
TAOKAS NAVIGATION SA v. KOMROWSKI BULK SHIPPING KG (GMBH & CO); KENT LINE INTERNATIONAL LTD. v. SOLYM CARRIERS LTD THE MV “PAIWAN WISDOM”
English High Court; Teare J; [2012] EWHC 1888 (Comm); 11 July 2012: [[161]]
CONWARTIME 2004: OWNERS’ LIBERTY TO REJECT VOYAGE ORDERS: MATERIAL INCREASE IN RISK BETWEEN CHARTERPARTY DATE AND DATE OF ORDER NOT REQUIRED: CONTRACTUAL INTERPRETATION
DMC/SandT/12/20
England
Petroleo Brasileiro SA v ENE Kos 1 Ltd
United Kingdom Supreme Court: Lords Phillips, Walker, Mance, Clarke and Sumption: [2012] UKSC 17, [2012] 2 WLR 976: 2 May 2012:[[162]]
TIME CHARTERPARTY: SHELLTIME 3 FORM: VESSEL WITHDRAWN FOR NON-PAYMENT OF HIRE WHILST LOADING: LOSS OF USE OF VESSEL: EXPENSES INCURRED IN DISCHARGING CARGO BACK TO SHORE: WHETHER LOSS AND EXPENSE RECOVERABLE UNDER INDEMNITY CLAUSE: WHETHER RECOVERABLE AS RIGHT CORRELATIVE TO DUTY AS BAILEE TO LOOK AFTER GOODS: WHETHER CHARTERERS’ ORDER TO LOAD AN EFFECTIVE CAUSE...
DMC/SandT/12/19
Hong Kong
The “Decurion”
Hong Kong Court of First Instance: Reyes J: HCAJ No.141 of 2010: 4 May 2012: [[163]]
ADMIRALTY: IN REM JURISDICTION: CLAIM AGAINST VESSEL OWNED BY DEFENDANT: PAYMENT OUTSTANDING FOR BUNKERS SUPPLIED TO DEFENDANT FOR VESSELS CHARTERED BY RELATED COMPANY: STRIKING OUT: WHETHER DEFENDANT “IN POSSESSION OR IN CONTROL” OF CHARTERED VESSELS WITHIN SECTION 12B(4) OF HIGH COURT ORDINANCE
DMC/SandT/12/18
England
EITZEN BULK A/S v. TTMI SARL - THE “BONNIE SMITHWICK”
English High Court; Eder J; [2012] EWHC 202 (Comm); 14 February 2012:[[164]]
SHELLTIME 4: CONTRACTUAL INTERPRETATION: “BUNKERS ON DELIVERY/REDELIVERY” CLAUSE: MEANING OF ‘PRICE ACTUALLY PAID’
DMC/SandT/12/17
Hong Kong
The “Marcatania”
Hong Kong Court of First Instance: Reyes J: HCAJ No.138 of 2008: 2 December 2011:[[165]]
CONTRACT: AGREEMENT TO EXCHANGE SLOTS FOR USE: SLOTS ON VESSEL CHARTERED BY THIRD PARTY: FAILURE TO PAY HIRE: VESSEL WITHDRAWN BY SHIPOWNER: WHETHER SHIPOWNER OBLIGED TO ON-CARRY CARGO UNDER BAILMENT: WHETHER LIABLE IN CONVERSION FOR DELAY IN RELEASING CARGO
DMC/SandT/12/16
England
M.H. Progress Lines SA v Orient Shipping Rotterdam BV and other, The “Genius Star 1”
English Queen’s Court (Commercial Court): Teare J: [2011] EWHC 3083 (Comm), [2012] 1 Lloyd’s Rep 222: 28 November 2011:[[166]]
TIME CHARTERPARTY: SUB-CHARTER: CARGO CLAIM AGAINST SUB-CHARTERER: APPORTIONMENT OF CLAIMS AGAINST CHARTERER AND SHIPOWNER UNDER INTER-CLUB AGREEMENT 1996: DIFFERENT TIME BARS PROVIDED IN HEAD CHARTER AND INTER-CLUB AGREEMENT: APPLICABLE TIME BAR
DMC/SandT/12/15
England
Sideridraulic Systems SpA v BBC Chartering & Logistics GmbH & Co KG
English Queen’s Bench (Commercial Court): Andrew Smith J: [2011] EWHC 3106 (Comm): 30 November 2011: [[167]
CARRIAGE OF GOODS BY SEA: INTERPRETATION OF MASTER’S REMARK IN BILL OF LADING: WHETHER CARGO WAS DECK CARGO UNDER HAGUE-VISBY RULES: IF DECK CARGO, WHETHER PARTIES AGREED THAT HAGUE-VISBY RULES NEVERTHELESS APPLIED: WHETHER US COURTS EXCLUSIVE JURISDICTION CLAUSE APPLIED
DMC/SandT/12/14
England
Isabella Shipowner SA v Shagang Shipping Co Ltd (The “Aquafaith”)
English Commercial Court: Cooke J: [2012] EWHC 1077 (Comm): 26 April 2012:[[168]]
TIME CHARTERPARTY: ARBITRATION ACT 1996 SECTION 69 APPEAL: AMENDED NYPE FORM: RULE IN WHITE AND CARTER V MCGREGOR: WHETHER OWNERS OBLIGED TO ACCEPT PREMATURE RE-DELIVERY OF VESSEL BY CHARTERERS
DMC/SandT/12/13
Hong Kong
A O Smith Electrical Products (Changzhou) Co Ltd v Blue Anchor Line & Ors
Hong Kong Court of First Instance: Reyes J: [2012] 1 HKLRD 301: 18 November 2011:[[169]]
CARRIAGE OF GOODS BY SEA: WAYBILL: LETTER OF UNDERTAKING: INTERPRETATION: GOVERNING LAW OF CARRIAGE: APPLICABLE LIMIT OF LIABILITY
DMC/SandT/12/12
Malaysia
Sarawak Shell Berhad v South Sumatra Richfield Marine Pte Ltd (The “Red Gold”)
Malaysian Court of Appeal: Sulaiman Bin Daud JCA, Syed Ahmad Helmy Bin Syed Ahmad JCA and Anantham Kasinather JCA: 19 March 2012: [[170]]
ADMIRALTY: COLLISION BETWEEN OFFSHORE SUPPLY VESSEL AND FIXED OFFSHORE OIL PLATFORM: RIGHT OF VESSEL OWNERS TO LIMIT LIABILITY: WHETHER COLLISION CAUSED BY NEGLIGENCE OF OWNERS IN THE NAVIGATION OR MANAGEMENT OF VESSEL: WHETHER VESSEL OWNERS ENTITLED TO LIMIT LIABILITY DUE TO ABSENCE OF ACTUAL FAULT OR PRIVITY: MERCHANT SHIPPING ORDINANCE 1952 SECTION 360 VIZ. LIMITATION OF LIABILITY CONVENTION 1957
DMC/SandT/12/11
England
Osmium Shipping Corporation v Cargill International SA (The “Captain Stefanos”)
English Commercial Court: Cooke J: [2012] EWHC 571 (Comm): 13 March 2012: [[171]]
TIME CHARTERPARTY: ARBITRATION ACT 1996 SECTION 69 APPEAL: AMENDED NYPE (1946) FORM INCORPORATING CONWARTIME 2004: WHETHER VESSEL WAS OFF-HIRE DURING PERIOD OF HIJACKING BY SOMALI PIRATES: WHETHER RIDER CLAUSE PROVIDING FOR OFF-HIRE DURING “CAPTURE/SEIZURE” WAS QUALIFIED BY THE PHRASE “BY ANY AUTHORITY”: WHETHER CONWARTIME 2004 CLAUSE QUALIFIED OFF-HIRE RIDER CLAUSE
DMC/SandT/12/10
England
Progress Bulk Carriers Limited v Tube City IMS LLC (The “Cenk Kaptanoglu”)
English Commercial Court: Cooke J: [2012] EWHC 273 (Comm): 17 February 2012:[[172]]
VOYAGE CHARTERPARTY: ARBITRATION ACT 1996 SECTION 69 APPEAL: WHETHER SETTLEMENT AGREEMENT VOIDABLE FOR DURESS: WHETHER OWNERS’ CONDUCT, ALTHOUGH NOT ILLEGAL, AMOUNTED TO “ILLEGITIMATE PRESSURE”
DMC/SandT/12/09
England
Acergy Shipping Ltd v. Société Bretonne De Réparation Navale SAS
Queen’s Bench Division (Commercial Court): David Steel J: [2011] EWHC 2490 (Comm): 5 October 2011: [[173]]
CONTRACT FOR PROVISION OF REPAIR SERVICES TO VESSEL: FIRE CAUSING DAMAGE BEYOND REPAIR WORK UNDERTAKEN: INTERPRETATION OF CONTRACT: SCOPE OF INDEMNITY CONTAINED THEREIN
DMC/SandT/12/08
England
Geofizika DD v. MMB International Limited and Greenshields Cowie & Co Ltd: “The Green Island”
English Court of Appeal; Lord Neuberger, Thomas LJ, and Sir Nicholas Wall; [2010] EWCA Civ 459, [2010] 2 Lloyds Rep 1; 28 April 2010: [[174]]
INCOTERMS 2000 CIP: CARRIAGE ON DECK: OBLIGATIONS OF FREIGHT FORWARDER: CONTRACTUAL INTERPRETATION: CAUSATION
DMC/SandT/12/07
England
Hyundai Merchant Marine Company Limited v Trafigura Beheer BV (The “Gaz Energy”)
English Commercial Court: Flaux J: [2011] EWHC 3108 (Comm): 29 November 2011:[[175]]
TIME CHARTER: SPEED AND PERFORMANCE WARRANTY: PROPER CONSTRUCTION OF CHARTER: WHETHER SPEED AND PERFORMANCE AN “ALL WEATHERS” WARRANTY OR LIMITED TO “MAXIMUM WIND FORCE 4 ON BEAUFORT SCALE”
DMC/SandT/12/06
The “Oriental Baltic”
Singapore High Court: Tan Lee Meng J : [2011] 3 SGHC 75: [[176]]
OWNERS OF VESSEL UNDER VOLUNTARY LIQUIDATION: IN REM PROCEEDINGS AGAINST VESSEL COMMENCED AFTER LIQUIDATION: PLAINTIFF FILED CAVEAT AGAINST RELEASE AGAINST VESSEL PRIOR TO LIQUIDATION: ACTION AGAINST COMPANY UNDER LIQUIDATION ORDINARILY STAYED UNDER THE COMPANIES ACT: WHETHER LEAVE SHOULD BE GRANTED TO PLAINTIFF TO CONTINUE WITH ITS ACTION
DMC/SandT/12/05
England
Thai Maparn Trading Co Ltd v Louis Dreyfus Commodities Asia Pte Ltd (The “Med Salvador” and “Goa”)
English Commercial Court: Beatson J: [2011] EWHC 2494 (Comm): 4 October 2011:[[177]]
INTERNATIONAL SALE OF GOODS: FOB CONTRACT: WHETHER BUYERS IN BREACH OF CONDITION PRECEDENT IN CONTRACT BY FAILING TO ISSUE 7 DAY ETA OF VESSEL: WHETHER SELLERS IN REPUDIATORY/RENUNCIATORY BREACH BY REJECTING BUYERS’ NOTICE AND STATING THAT CARGO WOULD NOT BE READY IN TIME
DMC/SandT/12/04
England
Pacific Basin IHX Limited v Bulkhandling Handymax AS (The “Triton Lark”): English Commercial Court: Teare J: [2011] EWHC 2868 (Comm): 8 November 2011:[[178]]
TIME CHARTER: PIRACY RISKS IN GULF OF ADEN IN 2008: CONWARTIME 1993/2004 CLAUSE: ARBITRATION APPEAL: SECTION 69 OF ARBITRATION ACT 1996: CORRECT TEST FOR ASSESSING RISK OF PIRACY INCIDENT OCCURING FOR PURPOSE OF 1993/2004 CLAUSE: WHETHER OWNERS DEVIATED BY REROUTING VESSEL VIA CAPE OF GOOD HOPE INSTEAD OF GULF OF ADEN
DMC/SandT/12/03
England
Emeraldian Limited Partnership v Wellmix Shipping Limited and Guangzhou Iron & Steel Corporation Limited (The “Vine”)
English Commercial Court: Teare J: [2010] EWHC 1411 (Comm): 17 June 2010:[[179]]
VOYAGE CHARTERPARTY: WHETHER VESSEL’S OBLIGATION TO OBTAIN CLEARANCE BY PORT AUTHORITIES BEFORE GIVING NOTICE OF READINESS WAIVED FOR PURPOSE OF COMMENCEMENT OF LAYTIME: WHETHER CHARTERERS COULD RELY ON EXCEPTIONS TO RUNNING OF LAYTIME: WHETHER CHARTERERS IN BREACH OF SAFE PORT WARRANTY: WHETHER DEMURRAGE RECOVERABLE FOR DETENTION OF VESSEL
DMC/12/02
England
ASTRAZENECA UK LIMITED v. ALBEMARLE INTERNATIONAL CORPORATION and ALBEMARLE CORPORATION
English High Court; Flaux J; [2011] EWHC 1574 (Comm); 21 June 2011:[[180]]
CONTRACT: CLAUSES GRANTING THE RIGHT OF FIRST REFUSAL: EXCLUSION CLAUSES AND DELIBERATE BREACH
DMC/SandT/12/01
The Netherlands
Furtrans Denzilick Ticaret Ve Sanayi AS (“Furtrans”) v Augusta Due Srl (“Augusta”): The "Constanza M”
Supreme Court of the Netherlands (“SCN”) (summary proceedings): Vice-President J.B. Fleers as Chairman and the judges A.M.J. van Buchem-Spapens, F.B. Bakels, C.E. Drion and G. Snijders LJN:BT2708, December 9, 2011:[[181]]
CONSTRUCTION OF ART. 3(4) SECOND PARAGRAPH, INTERNATIONAL CONVENTION RELATING TO THE ARREST OF SEA-GOING SHIPS 1952 ]]