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Voyage C/P Disputes

3,449 bytes added, 10:34, 26 April 2020
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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: [[https://www.onlinedmc.co.uk/index.php/Tricon_Energy_v_MTM_Trading_-_The_MTM_Hong_Kong]]
 
'''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/20/08
 
'''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:[[https://www.onlinedmc.co.uk/index.php/Alianca_Navegacao_E_Logistica_v_Ameropa_SA_-_The_Santa_Isabella]]
 
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/20/05
 
'''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: [[https://www.onlinedmc.co.uk/index.php/Amalie_Essberger_Tankreederei_v_Marubeni_Corporation_-_The_Amalie_Essberger]]'''
 
'''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/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: [[https://www.onlinedmc.co.uk/index.php/Classic_Maritime_v_Limbungan_Makmur_&_Lion_Diversified_Holdings]]'''
 
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

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