Voyage C/P Disputes

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:[[1]]

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/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:[2]]

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:[[3]]

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/12/22

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):[[4]]

WHETHER VOYAGE CHARTERPARTY A "SEA CARRIAGE DOCUMENT" FOR PURPOSES OF S.11 AUSTRALIAN CARRIAGE OF GOODS BY SEA ACT 1991

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:[[5]]

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/12/03

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:[[6]]

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/SandT/11/26

England

National Shipping Company of Saudi Arabia v BP Oil Supply Company

English Court of Appeal: Ward and Tomlinson LJJ and Sir Mark Potter: 12 October 2011: [2011] EWCA Civ 1127:[[7]]

VOYAGE CHARTERPARTY: BPVOY4: DEMURRAGE CLAIMS TO BE PRESENTED WITH FULL DOCUMENTATION WITHIN 90 DAYS OF COMPLETION OF DISCHARGE: FINAL SETTLEMENT OF CLAIM: WHETHER MIS-DESCRIBED FURTHER DEMURRAGE CLAIM TIME-BARRED: COST OF BUNKERS CONSUMED FOR RE-BERTHING

DMC/SandT/11/21

England

Carboex SA v Louis Dreyfus Commodities Suisse SA

English High Court: Queen's Bench Division (Commercial Court): Field J.: [2011] EWHC 1165 (Comm: 12 May 2011: [[8]]

AMWELSH CHARTERPARTY: DEMURRAGE: EXCEPTION OF STRIKES: WHETHER DELAY IN DISCHARGE ARISING FROM CONGESTION CAUSED BY STRIKES EXCEPTED FROM LAYTIME

DMC/SandT/10/10

Singapore High Court

The “Asia Star”[2009] SGHC 91 [[9]]

Judgment delivered by Judith Prakash J, 17 April 2009 [2009] SGHC 91

BREACH OF CONTRACT TO CARRY CARGO: WHETHER PLAINTIFF ACTED REASONABLY IN MITIGATION OF LOSS: PLAINTIFF NOT REQUIRED TO INCUR EXTRAORDINARY EXPENSE OR TO DO ANYTHING OTHER THAN IN THE ORDINARY COURSE OF BUSINESS IN ORDER TO MITIGATE LOSS: MEASURE OF DAMAGES FOR BREACH OF CONTRACT TO CARRY CARGO