Shipping & Transport
Main Page - Admiralty - Carriage of Goods - Other Cases - Time C/P Disputes - Voyage C/P Disputes 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: [[1]]
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::[[2]]
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:[[3]]
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:[[4]]
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:[[5]]
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[[6]]
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”: [[7]]
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:[[8]]
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:[[9]]
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: [[10]]
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: [[11]]
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:[[12]]
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:[[13]]
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:[[14]]
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:[[15]]
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[[16]]
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): [[17]]
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:[[18]]
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:[[19]]
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:[[20]]
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:[[21]]
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”):[[22]]
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:[[23]]
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:[[24]]
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:[[25]]
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:[[26]]
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: [[27]]
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[[28]]
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:[[29]]
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:[[30]]
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:[[31]]
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:[[32]]
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:[[33]]
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:[[34]]
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:[[35]]
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:[[36]]
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:[[37]] 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:[[38]]
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:[[39]]
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: [[40]]
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:[[41]]
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: [[42]]
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:[[43]]
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:[[44]]
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: [[45]]
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:[[46]]
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:[[47]]
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: [[48]]
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):[[49]]
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: [[50]]
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:[[51]]
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: [[52]]
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:[[53]]
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:[[54]]
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:[[55]]
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: [[56]
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:[[57]]
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:[[58]]
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: [[59]]
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: [[60]]
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:[[61]]
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: [[62]]
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: [[63]]
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:[[64]]
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: [[65]]
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:[[66]]
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:[[67]]
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:[[68]]
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:[[69]]
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:[[70]]
CONSTRUCTION OF ART. 3(4) SECOND PARAGRAPH, INTERNATIONAL CONVENTION RELATING TO THE ARREST OF SEA-GOING SHIPS 1952
