Time C/P Disputes

DMC/SandT/10/21

England

Cosco Bulk Carrier Co Ltd v Team-Up Owning Co Ltd – The “Saldanha”[[1]]

English High Court: Gross J.: 11 June 2010 [2010] EWHC 1340 (Comm)

NYPE FORM CHARTERPARTY: PIRACY: WHETHER SHIP OFF-HIRE DURING DETENTION BY PIRATES: AVERAGE ACCIDENTS TO SHIP OR CARGO: DEFAULT OR DEFICIENCY OF MEN: ANY OTHER CAUSE PREVENTING THE FULL WORKING OF THE VESSEL

DMC/SandT/10/20

England

Glory Wealth Shipping Pte Ltd v North China Shipping Limited (M/V “North Prince”)[[2]]

Queen’s Bench Division (Commercial Court): David Steel J: [2010] EWHC 1692 (Comm): 8 July 2010

TIME CHARTERPARTY: WRONGFUL EARLY REDELIVERY OF VESSEL BY SUB-CHARTERER: DAMAGES AS DIFFERENCE BETWEEN MARKET RATE OF HIRE AND CONTRACT RATE OF HIRE: DISPONENT SHIPOWNER’S EARLY REDELIVERY OF VESSEL UNDER HEAD CHARTER IRRELEVANT UNLESS CAUSED BY SUB-CHARTERER’S REPUDIATION

DMC/SandT/10/19

English High Court

Omak Maritime Ltd v Mamola Challenger Shipping Co[[3]]

Queen’s Bench Division (Commercial Court): Teare J: [2010] EWHC 2026 (Comm): 4 August 2010

TIME CHARTERPARTY: BREACH OF CONTRACT BY CHARTERER: MARKET RATE OF HIRE HIGHER THAN CONTRACT RATE OF HIRE: SHIPOWNER’S CLAIM FOR WASTED EXPENDITURE: RELATION WITH PRINCIPLE IN ROBINSON V HARMAN

DMC/SandT/10/14

English High Court

Sylvia Shipping Co Limited v Progress Bulk Carriers Limited [[4]]

[2010] EWHC 542 (Comm): English High Court of Justice - Commercial Court; Hamblen J.; 18 March 2010

ARBITRATION APPEAL: TIMECHARTERPARTY: MEASURE OF DAMAGES FOR OWNERS’ BREACH: WHETHER OWNERS LIABLE FOR TIMECHARTERERS’ LOSS OF PROFIT ON CANCELLED SUB-CHARTER