Voyage C/P Disputes

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DMC/SandT/24/01

England

Mercuria Energy Trading Pte Ltd v Raphael Cotoner Investments Limited (The “Afra Oak”)

English Commercial Court: Sir Nigel Teare: [2023] EWHC 2978 (Comm): 23 November 2023:[[1]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/2978.html

VOYAGE CHARTER: EXXONVOY FORM: US COGSA INCORPORATED: CHARTERERS ORDERED VESSEL ONCE LADEN TO AWAIT FURTHER ORDERS AT SINGAPORE EOPL: MASTER CHANGED ANCHORAGE LOCATION AFTER DEPARTING LOADING PORT AND ANCHORED ILLEGALLY IN INDONESIAN TERRITORIAL WATERS CAUSING PROLONGED DETENTION: WHETHER SECTION 4(2)(A) OF US COGSA/ARTICLE IV(2)(A) OF HAGUE RULES PROVIDED A DEFENCE IN SUCH CIRCUMSTANCES: APPEAL FROM FINAL AWARD ON QUESTION OF LAW UNDER SECTION 69 OF ARBITRATION ACT 1996


DMC/SandT/23/07

England

Rhine Shipping DMCC v Vitol S.A. (The “Dijilah”)

English Commercial Court: Simon Birt KC, sitting as a Deputy Judge of the High Court: [2023] EWHC 1265 (Comm): 26 May 2023:[[2]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2023/1265.html

VOYAGE CHARTER: BPVOY4 FORM: CLAUSE 13 INDEMNITY: ALSO WARRANTY THAT OWNERS, MANAGERS, DISPONENT OWNERS AND VESSEL FREE OF LEGAL ISSUES: PROPERTY ON VESSEL ARRESTED: DELAY TO LOADING OF CARGO AT SECOND LOADPORT: DELAY CAUSED INCREASE IN COST OF PURCHASING CARGO: WHETHER INDEMNITY AND WARRANTY APPLIED: WHETHER LOSS TOO REMOTE OR WHETHER NO ASSUMPTION OF RESPONSIBILITY BY OWNERS: WHETHER CHARTERERS’ “GAINS” FROM ENTERING INTO INTERNAL HEDGING ARRANGEMENTS FOLLOWING OWNERS’ BREACH OF CHARTER TO BE BROUGHT INTO ACCOUNT: WHETHER CLAIMS UNDER INDEMNITY SUBJECT TO REMOTENESS OF LOSS RULES FOR BREACH OF CONTRACT


DMC/SandT/22/18

England

CM P-Max III Ltd v Petroleos del Norte SA (The “Stena Primorsk”)

English Commercial Court: HHJ Bird: [2022] EWHC 2147 (Comm): 12 August 2022: [[3]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/2147.html

VOYAGE CHARTER: SHELLVOY 6 FORM: DEMURRAGE: WHETHER DRAUGHT SUFFICIENT FOR VESSEL TO BERTH AND TO REMAIN ALWAYS SAFELY AFLOAT WHILST DISCHARGING CARGO: UNDER KEEL CLEARANCE (“UKC”) POLICY: WHETHER REFUSAL TO WAIVE BREACH OF UKC POLICY JUSTIFIED: VALIDITY OF NOTICE OF READINESS: WHETHER FREE PRATIQUE GRANTED BY DEFAULT


DMC/SandT/22/17

England

MUR Shipping BV v RTI Ltd

English Court of Appeal: Newey, Males & Arnold LLJ: [2022] EWCA Civ 1406: 27 October 2022: [[4]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/467.html

CONTRACT OF AFFREIGHTMENT: FORCE MAJEURE EVENT: US RUSSIAN SANCTIONS PREVENTED PAYMENT OF FREIGHT IN US DOLLARS: WHETHER “REASONABLE ENDEAVOURS” EXTENDED TO ACCEPTING PAYMENT IN (NON-CONTRACTUAL) EUROS INSTEAD OF (CONTRACTUAL) US DOLLARS: WHETHER OWNERS OBLIGED TO “OVERCOME” FORCE MAJEURE EVENT BY ACCEPTING ALTERNATIVE PERFORMANCE OF PAYMENT OBLIGATION: ARBITRATION ACT 1996 SECTION 69 APPEAL ON A POINT OF LAW


DMC/SandT/22/09

England

DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The “Newcastle Express”)

English Commercial Court: Jacobs J: [2022] EWHC 181 (Comm): 31 January 2022: [[5]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/181.html

VOYAGE CHARTER: WHETHER VOYAGE CHARTER CONCLUDED: WHETHER BINDING ARBITRATION AGREEMENT CONCLUDED: WHETHER ARBITRATOR HAD SUBSTANTIVE JURISDICTION TO MAKE AWARD: WHETHER “SUBJECT SHIPPER/RECEIVERS APPROVAL” OF THE VESSEL PROVISION IN RECAP WAS ITSELF SUBJECT TO “APPROVAL NOT TO BE UNREASONABLY WITHHELD” TERM IN INCORPORATED PROFORMA CHARTER: APPLICATIONS UNDER SECTIONS 67 AND 69 OF ARBITRATION ACT 1996


DMC/SandT/22/05

England

MUR Shipping BV v RTI Ltd

English Commercial Court: Jacobs J: [2022] EWHC 467 (Comm): 3 March 2022:[[6]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/467.html

CONTRACT OF AFFREIGHTMENT: FORCE MAJEURE EVENT: US RUSSIAN SANCTIONS PREVENTED PAYMENT OF FREIGHT IN US DOLLARS: WHETHER “REASONABLE ENDEAVOURS” EXTENDED TO ACCEPTING PAYMENT IN (NON-CONTRACTUAL) EUROS INSTEAD OF (CONTRACTUAL) US DOLLARS: ARBITRATION ACT 1996 SECTION 69 APPEAL ON A POINT OF LAW


DMC/SandT/21/18

England

K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “Eternal Bliss”)/ Court of Appeal: Sir Geoffrey Vos (Master of the Rolls), Newey and Males LJJ: [2021] EWCA Civ: 7 November 2021:[[7]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2021/1712.html

CONTRACT OF AFFREIGHTMENT: CHARTERERS IN BREACH OF OBLIGATION TO DISCHARGE VESSEL WITHIN LAYTIME AND LIABLE TO PAY DEMURRAGE: CHARTERERS NOT IN BREACH OF ANY OTHER OBLIGATION –“SOLE BREACH”: DELAY LED TO CLAIM BY RECEIVERS AGAINST OWNERS FOR CARGO DETERIORATION: WHETHER OWNERS ENTITLED TO RECOVER SUM PAID TO SETTLE CARGO CLAIM AS DAMAGES OR UNDER IMPLIED INDEMNITY AGAINST CHARTERERS: WHETHER DEMURRAGE PAID BY CHARTERERS THE EXCLUSIVE REMEDY FOR CONSEQUENCES OF BREACH: DETERMINATION OF PRELIMINARY QUESTION OF LAW UNDER SECTION 45 OF THE ARBITRATION ACT 1996


DMC/SandT/21/15

England

Euronav N.V. v Repsol Trading S.A. (The “Maria”)

English Commercial Court: Henshaw J: [2021] EWHC 2565 (Comm): 24 September 2021: [[8]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2021/2565.html

VOYAGE CHARTER: DEMURRAGE: SHELLVOY 6 FORM: CLAUSE 15(3) REQUIREMENT TO GIVE NOTIFICATION OF DEMURRAGE CLAIM TO CHARTERERS “WITHIN 30 DAYS AFTER COMPLETION OF DISCHARGING” FAILING WHICH CLAIM BECOMES TIME-BARRED: BASIS ON WHICH DATE OF COMPLETION OF DISCHARGE SHOULD BE ASCERTAINED: WHETHER OWNERS’ DEMURRAGE CLAIM TIME-BARRED: SUMMARY JUDGMENT


DMC/SandT/21/09

England

K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The “Eternal Bliss”)

English Commercial Court: Andrew Baker J: [2020] EWHC 2373 (Comm): 7 September 2020:[[9]]

CONTRACT OF AFFREIGHTMENT: CHARTERERS IN BREACH OF OBLIGATION TO DISCHARGE VESSEL WITHIN LAYTIME AND LIABLE TO PAY DEMURRAGE: CHARTERERS NOT IN BREACH OF ANY OTHER OBLIGATION –“SOLE BREACH”: DELAY LED TO CLAIM BY RECEIVERS AGAINST OWNERS FOR CARGO DETERIORATION: WHETHER OWNERS ENTITLED TO RECOVER SUM PAID TO SETTLE CARGO CLAIM AS DAMAGES OR UNDER IMPLIED INDEMNITY AGAINST CHARTERERS: WHETHER DEMURRAGE PAID BY CHARTERERS THE EXCLUSIVE REMEDY FOR CONSEQUENCES OF BREACH: DETERMINATION OF PRELIMINARY QUESTION OF LAW UNDER SECTION 45 OF THE ARBITRATION ACT 1996


DMC/SandT/21/05

England

Priminds Shipping (HK) Co Ltd v Noble Chartering Inc, the “Tai Prize” [2021] EWCA Civ 87

Court of Appeal (Civ Div): Bean LJ, Males LJ and Rose LJ: 28 January 2021: [[10]]

VOYAGE CHARTERPARTY: SHIPPERS ACTING AS AGENTS FOR THE CHARTERERS PRESENTED ‘CLEAN ON BOARD’ DRAFT BILL OF LADING FOR MASTER’S SIGNATURE: CARGO APPEARED TO BE IN GOOD ORDER SO BILL OF LADING ISSUED STATING CARGO IN APPARENT GOOD ORDER AND CONDITION: ON DISCHARGE CARGO FOUND TO BE DAMAGED: WHETHER CHARTERERS LIABLE TO DISPONENT OWNERS FOR MISREPRESENTATION


DMC/SandT/21/04

England

Nautica Marine Ltd v Trafigura Trading LLC (The “Leonidas”)

English Commercial Court: Foxton J: [2020] EWHC 1986 (Comm): 28 July 2020: [[11]]

VOYAGE CHARTER: WHETHER VOYAGE CHARTER CONCLUDED: WHETHER “SUBJECT” OF “SUPPLIERS’ APPROVAL” OF THE VESSEL A PRE-CONDITION OR A PERFORMANCE CONDITION OF THE CONTRACT: WHETHER CHARTERERS UNDER IMPLIED OBLIGATION TO TAKE REASONABLE STEPS TO OBTAIN “SUPPLIERS’ APPROVAL” WITHIN “SUBJECT” DEADLINE


DMC/SandT/20/13

England

Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd and Yousef Freiha & Sons SAL (The “Sea Master”)

English Commercial Court: HHJ Pelling QC: [2020] EWHC 2030 (Comm): 28 July 2020:[[12]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2020/2030.html

CONTRACT OF CARRIAGE: BILL OF LADING INCORPORATING VOYAGE CHARTER: CARGO TO BE DISCHARGED FREE OF EXPENSE TO VESSEL: CHARTERERS/RECEIVERS TO ARRANGE AND PAY FOR STEVEDORES: CHARTERERS TO PAY DEMURRAGE: CHARTERERS BECAME INSOLVENT: OWNERS CLAIMED DAMAGES IN LIEU OF DEMURRAGE AGAINST CARGO INTERESTS FOR DELAYED CARGO DISCHARGE: WHETHER CARGO INTERESTS UNDER AN OBLIGATION (1) TO TAKE ALL NECESSARY STEPS TO ENABLE THE CARGO TO BE DISCHARGED AND DELIVERED WITHIN A REASONABLE TIME OR (2) TO DISCHARGE THE CARGO WITHIN A REASONABLE TIME: ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW


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: [[13]]

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:[[14]]

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: [[15]]

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: [[16]]

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

England

Seatrade Group NV v Hakan Agro DMCC (The “Aconcagua Bay”)

English High Court: Commercial Court: Mr Justice Robin Knowles CBE: [2018] EWHC 654 (Comm): 26 March 2018: [[17]]

VOYAGE CHARTERPARTY: WHETHER “ALWAYS ACCESSIBLE” WARRANTY INCLUDED BOTH ARRIVAL AND DEPARTURE: WHETHER OWNERS ENTITLED TO DAMAGES FOR DETENTION FOLLOWING DELAYED DEPARTURE OF VESSEL


DMC/SandT/19/02

England

CSSA Chartering and Shipping Services S.A. v Mitsui O.S.K. Lines Ltd (The “Pacific Voyager”)

English Court of Appeal: Longmore, King and Sir Rupert Jackson LLJ: [2018] EWCA Civ 2143: 6 November 2018: [[18]]

VOYAGE CHARTER: SHELLVOY 5 FORM: WHETHER OBLIGATION ON OWNER TO GET THE VESSEL TO THE LOADING PORT WITHIN A CERTAIN TIME: WHETHER SUCH AN OBLIGATION IS ABSOULTE OR ONLY ONE OF DUE DILIGENCE: WHETHER LAYCAN EQUIVALENT TO AN ESTIMATED TIME OF ARRIVAL OR READINESS TO LOAD DATE


DMC/SandT/19/01

England

Sucden Middle-East v Yagci Denizcilik Ve Ticaret Limited Sirketi - (The “Muammer Yagci”)

English Commercial Court: Robin Knowles J: [2018] EWHC 3873 (Comm): 2 November 2018:[[19]]

VOYAGE CHARTER: LAYTIME & DEMURRAGE: SUGAR CHARTER PARTY 1999 FORM: CLAUSE 28 “STRIKES AND FORCE MAJEURE” EXCEPTIONS: SEIZURE OF CARGO ON BOARD VESSEL AFTER PRESENTATION OF FALSE DOCUMENTS TO CUSTOMS AT DISCHARGE PORT: MEANING OF “GOVERNMENT INTERFERENCES”: APPEAL ON A QUESTION OF LAW PURSUANT TO SECTION 69 OF THE ARBITRATION ACT 1996


DMC/SandT/18/03

England

Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd (The “Ocean Neptune”)

English Commercial Court: Popplewell J: [2018] EWHC 163 (Comm): 2 February 2018:[[20]]

VOYAGE CHARTER: EXXONMOBILVOY 2005 FORM: LITASCO CLAUSES: DEMURRAGE CLAIM PRESENTATION TIME-BAR REQUIRING DOCUMENTS IN SUPPORT OF CLAIM TO BE PRESENTED TO CHARTERERS WITHIN 90 DAYS OF COMPLETION OF CARGO DISCHARGE: WHETHER CLAIM FOR TIME LOST WAITING FOR ORDERS TIME-BARRED DUE TO NON-COMPLIANCE WITH DOCUMENT PRESENTATION REQUIREMENT: APPEAL FROM PARTIAL FINAL AWARD UNDER SECTION 69 OF THE ARBITRATION ACT 1996


DMC/SandT/18/01

England

CSSA Chartering and Shipping Services S.A. v Mitsui O.S.K. Lines Ltd (The “Pacific Voyager”)

English Commercial Court: Popplewell J: [2017] EWHC 2579 (Comm): 18 October 2017: [[21]]

VOYAGE CHARTER: SHELLVOY 5 FORM: WHETHER OBLIGATION ON OWNER TO GET THE VESSEL TO THE LOADING PORT WITHIN A CERTAIN TIME: WHETHER SUCH AN OBLIGATION IS ABSOULTE OR ONLY ONE OF DUE DILIGENCE: WHETHER LAYCAN EQUIVALENT TO AN ESTIMATED TIME OF ARRIVAL OR READINESS TO LOAD DATE


DMC/SandT/17/13

England

Navalmare UK Limited v Kale Maden Hammaddeler Sanayi ve Ticart AS (The “Arundel Castle”)

English Commercial Court: Knowles J: [2017] EWHC 116 (Comm): 31 January 2017: [[22]

VOYAGE CHARTER: MEANING OF “PORT LIMITS”: ARBITRATION ACT 1996 SECTION 69 APPEAL


DMC/SandT/17/01

England

ST Shipping & Transport INC v Kriti Filoxenia Shipping Co SA (The “Kriti Filoxenia”)

High Court: Queen’s Bench Division (Commercial Court); Mr Justice Walker; [2015] EWHC 997 (Comm); 14 May 2015[[23]]

CHARTERPARTY: WHETHER THE CHARTERERS’ RIGHT TO CANCEL THE CHARTERPARTY PURSUANT TO THE LAYCAN PROVISION SURIVIVES A RE-NOMINATION OF THE LOAD PORT


DMC/SandT/16/01

England

Louis Dreyfus Commodities Suisse SA v MT Maritime Management BV (The “MTM Hong Kong”)

English Commercial Court: Males J: [2015] EWHC 2505 (Comm): 1 September 2015: [[24]]

CHARTERPARTY: QUANTIFICATION OF DAMAGES FOR REPUDIATION OF VOYAGE CHARTER: DAMAGES FOR POSITIONAL LOSS IN ADDITION TO USUAL PROFIT LOSS: WHETHER DAMAGES LIMITED BY REFERENCE TO PERIOD WHEN CONTRACT VOYAGE WOULD HAVE ENDED: APPEAL UNDER SECTION 69 OF THE ARBITRATION ACT 1996


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: [[25]]

SUGAR CHARTERPARTY 1999: DESTRUCTION BY FIRE OF FACILITIES AT LOADING TERMINAL NOT WITHIN CLAUSE 28 EXCEPTION TO LAYTIME OF “MECHANICAL BREAKDOWNS”


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:[[26]] T VOYAGE CHARTER: FOB SALE CONTRACT CHAIN: DEMURRAGE: “RESTRAINT OF PRINCES” EXCEPTION: UNFORESEEABLE FORCE MAJEURE BEYOND CONTROL OR REASONABLE CONTROL


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:[[27]]

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:[28]]

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:[[29]]

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):[[30]]

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:[[31]]

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:[[32]]

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:[[33]]

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: [[34]]

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 [[35]]

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