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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)[[http://www.onlinedmc.co.uk/index.php/Dera_Commercial_Estate_v_Derya_Inc_-_The_Sur]]'''
'''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): [[http://www.onlinedmc.co.uk/index.php/Agile_Holdings_v_Essar_Shipping_-_The_Maria]]'''
'''For charterers to obtain a FOR CHARTERERS TO OBTAIN A 50/50 apportionment for cargo liability between themselves and the owners on grounds of the first proviso to clause APPORTIONMENT FOR CARGO LIABILITY BETWEEN THEMSELVES AND THE OWNERS ON GROUNDS OF THE FIRST PROVISO TO CLAUSE 8(bB) of the InterOF THE INTER- Club New York Produce Exchange Agreement CLUB NEW YORK PRODUCE EXCHANGE AGREEMENT 1996 (the “InterTHE “INTER-Club Agreement or CLUB AGREEMENT" OR "ICA”), the charterparty must contain a provision which is clearly intended to pass complete responsibility for cargo handling to the shipownersTHE CHARTERPARTY MUST CONTAIN A PROVISION WHICH IS CLEARLY INTENDED TO PASS COMPLETE RESPONSIBILITY FOR CARGO HANDLING TO THE SHIPOWNERS. A partial transfer of responsibilityPARTIAL TRANSFER OF RESPONSIBILITY, or responsibility for a particular aspect of cargo handling OR RESPONSIBILITY FOR A PARTICULAR ASPECT OF CARGO HANDLING (such as stowageSUCH AS STOWAGE), will not be sufficient to engage the WILL NOT BE SUFFICIENT TO ENGAGE THE ICA 8(bB) provisoPROVISO.'''
'''Glencore Energy UK Ltd v OMV Supply & Trading Ltd (The “Seagrace”)'''/
'''English Commercial Court: Sir Ross Cranston: [2018] EWHC 895 (Comm): 23 April 2018: [[http://www.onlinedmc.co.uk/index.php/Glencore_Energy_v_OMV_Supply_and_Trading_-_The_Seagrace]]'''
'''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'''
