Shipping & Transport: Difference between revisions

Revision as of 21:37, 21 July 2022

DMC/SandT/22/13

England

NKD Maritime Ltd v Bart Maritime (No. 2) Inc (The “Shagang Giant”)

English Commercial Court: Butcher J: [2022] EWHC 1615 (Comm): 24 June 2022:[[1]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/1615.html

VESSEL SALE AND PURCHASE AGREEMENT (“MOA”): SHIPBREAKING: BUYER PAID INITIAL PAYMENT DUE TO SELLER UNDER MOA: BUYER LATER TERMINATED THE MOA AND CLAIMED BACK THE INITIAL PAYMENT: SELLER ACCEPTED TERMINATION AS REPUDIATION OF MOA AND CLAIMED DAMAGES FOR BREACH: WHETHER TERMINATION OF MOA VALID: WHETHER LOCKDOWN MEASURES OR RESTRICTIONS IMPOSED BY INDIAN GOVERMENT AS A RESULT OF THE ONSET OF COVID-19 CONSTITUTED OR GAVE RISE TO A RELEVANT FORCE MAJEURE EVENT

DMC/SandT/22/12

England

Pacific Pearl Co Ltd v Osios David Shipping Ltd (The “Panamax Alexander” and “Osios David”)

English Court of Appeal: Lewison, Males and Snowden LLJ: [2022] EWCA Civ 798: 14 June 2022:[[2]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2022/798.html

COLLISION BETWEEN SHIPS: SECURITY AND JURISDICTION: STANDARD FORM WORDINGS OF ADMIRALTY SOLICITORS’ GROUP: ASG 1 – LETTER OF UNDERTAKING (“LOU”): ASG 2 – COLLISION JURISDICTION AGREEMENT: FORMS DESIGNED TO BE USED TOGETHER: PER ASG 2, SECURITY TO BE PROVIDED “IN A REASONABLY SATISFACTORY FORM TO THE OTHER [PARTY]”: WHETHER ADDITION OF INTERNATIONAL GROUP OF P&I CLUBS’ APPROVED SANCTIONS CLAUSE TO ASG 1 LOU WORDING RENDERED IT UNSATISFACTORY: WHETHER A PARTY IS OBLIGED TO ACCEPT REASONABLY SATISFACTORY SECURITY

DMC/SandT/22/11

England

Nautical Challenge Ltd v Evergreen Marine (UK) Limited [2022] EWHC 206 (Admlty)

High Court of Justice, Queen’s Bench Division, Admiralty Court: Sir Nigel Teare, with Commodore Walworth and Captain Barker, Elder Brethren of Trinity House, as Nautical Assessors: [[3]]

COLLISION: APPORTIONMENT OF LIABILITY: CONVENTION ON THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA 1972 (COLREGS): CROSSING RULE (RULE 15): NARROW CHANNEL RULE (RULE 9): ACTION BY GIVE-WAY VESSEL (RULE 16): ACTION BY STAND-ON VESSEL (RULE 17): CAUSATIVE POTENCY: RELATIVE BLAMEWORHTINESS: COMPELLING NECESSITY

DMC/SandT/22/10

England

SK Shipping Europe Ltd v Capital VLCC 3 Corp and Capital Maritime & Trading Corp (The “C Challenger”)

English Court of Appeal: Males, Phillips and Carr LLJ: [2022] EWCA Civ 231: 25 February 2022: [[4]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2022/231.html

TIME CHARTER: SPEED AND CONSUMPTION: REPRESENTATIONS AND WARRANTIES: CONSUMPTION WARRANTY QUALIFIED BY 0.5 KNOT MARGIN: VESSEL UNDERPERFORMED: WHETHER PRE-CONTRACTUAL MISREPRESENTATIONS OF PERFORMANCE “EMBEDDED” IN CHARTER: WHETHER MISREPRESENTATIONS INDUCED CHARTERERS TO ENTER INTO CHARTER: WHETHER CHARTER AFFIRMED BY CHARTERERS ORDERING VESSEL ON LONG VOYAGE DESPITE GENERAL RESERVATION OF RIGHTS

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/22/08

England

A v B [2021] EWHC 793 (Comm)

English High Court, Queen's Bench Division: Henshaw J: 31 March 2021:[[6]]

Judgment available on BAILII @ https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Comm/2021/793.html&query=(.2021.)+AND+(EWHC)+AND+(793)+AND+((Comm))

SALE OF GOODS: BUYERS MAKING INVALID NOMINATION OF VESSEL AND SELLERS PURPORTING TO TERMINATE CONTRACT: WHETHER INVALID NOMINATION A BREACH OF CONDITION: WHETHER NOMINATED VESSEL HAD TO HAVE BEEN ALREADY CHARTERED BY BUYERS: WHETHER BUYERS’ OBLIGATION TO PROVIDE COPY OF CHARTERPARTY WAS A CONDITION

DMC/SandT/22/07

England

OCM Maritime Nile LCC & Another v Courage Shipping Co & Others (The “Courage” and “Amethyst”)

English Commercial Court: Sir Andrew Smith: [2022] EWHC 452 (Comm): 4 March 2022:[[7]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/452.html

BAREBOAT CHARTERPARTIES: BARECON 2001: DEFAULT EVENTS: US IRANIAN SANCTIONS AGAINST SOLE BENEFICIAL OWNER AND DIRECTOR OF CHARTERERS: TERMINATION OF CHARTERS: WHETHER OWNERS HAD RIGHT TO REPOSSESS VESSELS UNDER CLAUSE 46: WHETHER RIGHT TO REPOSSESSION AN UNENFORCEABLE PENALTY UNDER CLAUSES 28, 29 & 46: WHETHER CHARTERERS ENTITLED TO RELIEF AGAINST FORFEITURE

DMC/SandT/22/06

England

CVLC THREE CARRIER CORP & ANOR v. ARAB MARITIME PETROLEUM TRANSPORT COMPANY [2021] EWHC 551 (Comm)

English High Court: Commercial Court: Mrs Justice Cockerill DBE: 11 March 2021: [[8]]

Judgment available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2021/551.html

CHALLENGE TO ARBITRATION AWARD FOR ERROR OF LAW UNDER S.69 ARBITRATION ACT 1996: WHETHER TRIBUNAL ERRED IN LAW IN IMPLYING A TERM PRECLUDING CREDITORS’ RIGHT TO SEEK ADDITIONAL SECURITY FOR ALLEGED BREACH BY PERFORMANCE GUARANTOR UNDER THE CONTRACT OF GUARANTEE.

DMC/SandT/22/05

England

MUR Shipping BV v RTI Ltd

English Commercial Court: Jacobs J: [2022] EWHC 467 (Comm): 3 March 2022:[[9]]

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/22/04

England

Stema Shipping (UK) Limited & Others v RTE, Réseau de Transport d’Electricité SA & Others (The “Stema Barge II”)

Court of Appeal: Phillips LJ, Sir David Richards and Sir Launcelot Henderson: [2021] EWCA Civ 1880: 15 December 2021: [[10]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2021/1880.html

LIMITATION OF LIABILITY: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976: INTERPRETATION OF ARTICLE 1(2): MEANING OF “MANAGER OR OPERATOR OF A SEAGOING SHIP”: ANCHOR OF UNMANNED BARGE CAUSING DAMAGE TO ELECTRICITY CABLE

DMC/SandT/22/03

England

Space Shipping Ltd v ST Shipping and Transport Pte Ltd [2021] EWHC 2288 (Comm)

High Court of Justice Queen’s Bench Division Commercial Court: Sir Nigel Teare : 13 August 2021:[[11]]

Judgment available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2021/2288.html

CHALLENGE TO ARBITRATION AWARD FOR ERROR OF LAW UNDER S.69 ARBITRATION ACT 1996: WHETHER TRIBUNAL ERRED IN LAW IN DEDUCTING SAVED DRYDOCKING COSTS FROM ITS AWARD OF AN INDEMNITY TO DISPONENT OWNERS AGAINST SUB-CHARTERERS FOR THE CONSEQUENCES SUFFERED BY THE DISPONENT OWNERS UNDER THE HEAD CHARTERPARTY WHICH HAD BEEN CAUSED BY THE CHARTERERS’ BREACH OFTHE SUB-CHARTERPARTY

DMC/SandT/22/02

England

M/V Pacific Pearl Co. Limited v Osios David Shipping Inc.

High Court, Queen’s Bench Division, Commercial Court: Sir Nigel Teare: [2021] EWHC 2808 (Comm), 21 October 2021:

[[12]]

COLLISION BETWEEN SHIPS: SECURITY AND JURISDICTION: STANDARD FORM WORDINGS OF ADMIRALTY SOLICITORS GROUP: ASG 1 - LETTER OF UNDERTAKING: ASG 2 - COLLISION JURISDICTION AGREEMENT: FORMS DESIGNED TO BE USED TOGETHER: UNDER ASG 2, SECURITY TO BE PROVIDED “IN A REASONABLY SATISFACTORY FORM”: WHETHER PRESENCE OF SANCTIONS CLAUSE IN ASG 1 RENDERS IT NOT REASONABLY SATISFACTORY SECURITY UNDER ASG 2: RISK OF NON-PAYMENT: WHETHER A PARTY IS OBLIGED TO ACCEPT SECURITY THAT IS IN REASONABLY SATISFACTORY FORM

DMC/SandT/22/01

England

Herculito Maritime Limited v Gunvor International BV (The “Polar”)

Court of Appeal: Peter Jackson and Males LJJ and Sir Patrick Elias: [2021] EWCA Civ 1828: 1 December 2021:[[13]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2021/1828.html

BILL OF LADING: VOYAGE CHARTER: WHETHER BILLS OF LADING INCORPORATED CHARTERPARTY “CODE” BY WHICH CHARTERERS’ OBLIGATION TO PAY ADDITIONAL WAR RISKS INSURANCE PREMIUMS HAD BEEN ASSUMED TO ENTITLE THEM TO THE BENEFIT OF THE WAR RISK INSURANCES: WHETHER BILL OF LADING HOLDERS LIABLE TO COMPENSATE OWNERS FOR CARGO’S PROPORTION OF GENERAL AVERAGE ARISING FROM PAYMENT OF RANSOM TO PIRATES: ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW

DMC/SandT/21/19

Singapore

Charles Lim Teng Siang and another v Hong Choon Hau and another [2021] SGCA 43

In the Court of Appeal of the Republic of Singapore: Civil Appeal No 49 of 2020 in the matter of Suit 920 of 2018: Decision of the Court of Appeal (delivered by Steven Chong JCA), 1 March 2021: Sundaresh Menon CJ, Judith Prakash JCA, Belinda Ang Saw Ean JAD, Andrew Phang Boon Leong JCA, Steven Chong JCA:[[14]]

CONTRACT: NO-ORAL MODIFCIATION (NOM) CLAUSE: PREVENTION OF VARIATION, SUPPLEMENT, DELETION AND REPLACEMENT OF TERMS OF CONTRACT UNLESS BY WRITING AND SIGNED BY OR ON BEHALF OF ALL PARTIES: WHETHER APPLICABLE TO RESCISSION: EXPRESS OR IMPLIED INTENTION TO DEPART FROM NOM CLAUSE

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:[[15]]

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/21/17

England

Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”)

United Kingdom Supreme Court: Lords Reed (President), Briggs, Hamblen, Leggatt and Lady Arden: [2021] UKSC 51: 10 November 2021:[[16]]

Judgment Available on BAILII @ https://www.bailii.org/uk/cases/UKSC/2021/51.html

OWNERS’ CLAIM FOR CONTRIBUTION IN GENERAL AVERAGE (“GA”): NEGLIGENT VOYAGE PLANNING BY MASTER CAUSED GROUNDING OF VESSEL LEADING TO GA EXPENDITURE TO REFLOAT THE VESSEL: WHETHER CARGO INTERESTS ENTITLED TO DEFEND CLAIM ON THE BASIS THAT OWNERS FAILED TO EXERCISE DUE DILIGENCE TO MAKE THE VESSEL SEAWORTHY BEFORE AND AT THE BEGINNING OF THE VOYAGE: ARTICLE III, RULE 1 AND ARTICLE IV, RULE 2(A) OF THE HAGUE/HAGUE-VISBY RULES

DMC/SandT/21/16

England

SK Shipping Europe plc v Capital VLCC 3 Corp and Capital Maritime & Trading Corp (The “C Challenger”)

English Commercial Court: Foxton J: [2020] EWHC 3448 (Comm): 16 December 2020: []

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2020/3448.html

TIME CHARTER: SPEED AND CONSUMPTION: REPRESENTATIONS AND WARRANTIES: VESSEL UNDERPERFORMANCE: WHETHER OWNERS FRAUDULENTLY MISREPRESENTED VESSEL PERFORMANCE: WHETHER CHARTERERS ENTITLED TO RESCIND CHARTER AND CLAIM DAMAGES: WHETHER CHARTER REPUDIATED BY CHARTERERS: WHETHER OWNERS ENTITLED TO DAMAGES FOR UNPERFORMED CHARTER PERIOD

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: [[17]]

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/21/14

England

Regal Seas Maritime S.A. v Oldendorff Carriers GmbH & Co KG (The “New Hydra”)

English Commercial Court: Teare J: [2021] EWHC 566 (Comm): 11 March 2021:[[18]]

TIME CHARTER: RATE OF HIRE BASED ON AVERAGE OF LAST 15 DAYS’ PUBLISHED 4 TIME CHARTER ROUTES OF BALTIC CAPESIZE INDEX (“BCI”) PLUS 4% FOR VESSEL SIZE ADJUSTMENT: VESSEL WAS 179,258 DEADWEIGHT TONNES (“DWT”): BCI ‘BENCHMARK’ VESSEL WAS 172,000 DWT WHEN CHARTER AGREED: BCI ‘BENCHMARK’ VESSEL CHANGED TO 180,000 DWT DURING CHARTER PERIOD: WHETHER AN IMPLIED TERM THAT VESSEL SIZE ADJUSTMENT WOULD BE REASONABLY AMENDED IF ‘BENCHMARK’ VESSEL SIZE CHANGED DURING CHARTER PERIOD: SECTION 69 APPEAL ON POINT OF LAW UNDER ARBITRATION ACT 1996

DMC/SandT/21/13

England

Jiangsu Guoxin Corporation Ltd v Precious Shipping Public Co. Ltd [2020] EWHC 1030 (Comm)

English Commercial Court: Mr Justice Butcher:[[19]]

SHIPBUILDING CONTRACT ON AMENDED SAJ FORM: SELLER CONTENDED UNLAWFUL REJECTION BY BUYER: REPUDIATORY BREACH: PARTIAL FINAL AWARDS: APPEAL UNDER S69 OF ARBITRATION ACT 1996: APPLICATION OF THE PREVENTION PRINCIPLE: DEFINITION OF PERMISSBILE DELAYS UNDER ARTICLE VIII.1: NOTICE PROVISIONS FOR EXTENSIONS OF TIME UNDER ARTICLE VIII.2

DMC/SandT/21/12

England

Navision Shipping A/S v Precious Pearls Ltd & Conti Lines Shipping NV v Navision Shipping A/S (The “Mookda Naree”)

English Commercial Court: Andrew Baker J: [2021] EWHC 558 (Comm): 10 March 2021:[[20]]

TIME CHARTER: ASBATIME FORM: VESSEL ARRESTED IN WEST AFRICA FOR CARGO CLAIM RELATED TO SHIPMENT OF SUB-SUB-CHARTERERS ON A DIFFERENT VESSEL: WHETHER VESSEL OFF-HIRE BY REASON OF ACT OR OMISSION OF SUB-CHARTERERS (CLAUSE 47): WHETHER VESSEL OFF-HIRE UNDER WEST AFRICAN CARGO CLAIM CLAUSE (CLAUSE 86): SECTION 69 APPEAL ON POINT OF LAW UNDER ARBITRATION ACT 1996

DMC/SandT/21/11

England

Alpha Marine Corp v Minmetals Logistics Zhejiang Co Ltd (The “Smart”)

English Commercial Court: Butcher J: [2021] EWHC 1157 (Comm): 5 May 2021:[[21]]

TIMECHARTER: OWNERS’ BILLS OF LADING ISSUED INCORPORATING (SUB) VOYAGE CHARTER TERMS: FREIGHT DEEMED EARNED ON LOADING CARGO AND TO BE PAID WITH 45 DAYS AND AFTER RECEIPT OF FREIGHT INVOICE: WHETHER IMPLIED TERM THAT OWNERS WOULD NOT DIRECT PAYMENT TO THEMSELVES OF FREIGHT DUE UNDER BILLS OF LADING WHERE NOTHING WAS DUE TO THEM UNDER THE TIMECHARTER: SECTION 69 APPEAL ON POINT OF LAW UNDER ARBITRATION ACT 1996

DMC/SandT/21/10

England

Sea Tank Shipping AS v (1) Vinnlustodin HF & (2) Vatryggingafelag Islands FH – the “Aqasia”

England and Wales Court of Appeal (Civil Division), on appeal from the Queen’s Bench Division, Commercial Court: Lady Justice Gloster, David Richards and Flaux LJJ: [2018] EWCA Civ 276: [[22]]

CARRIAGE OF GOODS BY SEA: PACKAGE LIMITATION: 1924 HAGUE RULES ARTICLE IV RULE 5: MEANING OF UNIT: WHETHER PACKAGE LIMITATION APPLIES TO BULK CARGO

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:[[23]]

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/21/08

England

Herculito Maritime Ltd v Gunvor International BV

English High Court: Teare J.: [2020] EWHC 3318 (Comm): 4 December 2020: [[24]]

ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW: VOYAGE CHARTER: WHETHER BILL OF LADING INCORPORATED CHARTERPARTY “CODE” REGARDING ADDITIONAL WAR RISKS PREMIUMS: WHETHER BILL OF LADING HOLDERS LIABLE TO COMPENSATE SHIPOWNERS FOR LOSSES COVERED BY INSURANCE AGAINST PIRACY RISKS

DMC/SandT/21/07

Singapore

(1) POS Maritime NX S.A. & (2) Pan Ocean Co. Ltd. v. The Owners/bareboat Charterers of MV Caraka Jaya Niaga III-11 - The Caraka Jaya Niaga III-11

High Court of Singapore: Decision delivered by Judicial Commissioner S Mohan: [2021] SGHC 43: 22 February 2021: [[25]

COLLISION: BOTH VESSELS TO BLAME: PLAINTIFFS’ CLAIM ISSUED IN TIME: DEFENDANT’S COUNTERCLAIM ISSUED OUT OF TIME: MARITIME CONVENTIONS ACT OF SINGAPORE: WHETHER COUNTERCLAIM STILL QUALIFIED FOR APPLICATION OF ADMIRALTY SINGLE LIABILITY PRINCIPLE

DMC/SandT/21/06

England

Imperator I Maritime Company v Bunge SA and C Transport Panamax Ltd - The “Coral Seas”

English Commercial Court: Phillips J: [2016] EWHC 1506 (Comm): 24 June 2016: [[26]]

ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW: TIME CHARTERPARTY: CONTINUING WARRANTY OF SPEED AND CONSUMPTION: VESSEL SUSTAINED UNDERWATER FOULING DUE TO PROLONGED STAY IN TROPICAL WATERS RESULTING IN UNDERPERFORMANCE: WHETHER A DEFENCE FOR OWNERS TO PROVE THAT VESSEL UNDERPERFORMED BECAUSE OF COMPLIANCE WITH CHARTERERS’ ORDERS

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: [[27]]

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: [[28]]

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/21/03

England

Palmali Shipping SA v Litasco SA

English Commercial Court: Foxton J: [2020] EWHC 2581 (Comm): 1 October 2020:[[29]]

CONTRACT OF AFFREIGHTMENT (“COA”): OWNERS CLAIMING FOR LOSS OF PROFIT DUE TO CHARTERERS’ FAILURE TO PERFORM SHIPMENTS: OWNERS HAD OPTION TO USE OWN COMPANY GROUP FLEET VESSELS OR THIRD PARTY CHARTERED IN VESSELS TO PERFORM SHIPMENTS: WHETHER OWNERS HAD TO ACCOUNT FOR EXPENSES OF OWN FLEET TO PERFORM SHIPMENTS WHEN QUANTIFYING DAMAGES TO REFLECT NET LOSS OF PROFIT IN SAME WAY AS WHEN INCURRING FREIGHT, DEMURRAGE AND PORT CHARGES WHEN USING THIRD PARTY VESSELS TO PERFORM SHIPMENTS: CHARTERERS’ SUMMARY JUDGMENT APPLICATION

DMC/SandT/21/02

England

Priminds Shipping (HK) Co Ltd v Noble Chartering Inc, the “Tai Prize” [2020] EWHC 127 (Comm)

English Commercial Court (Queen’s Bench Division): HH Judge Pelling QC (sitting as a Judge of the High Court): [[30]]

SHIPPERS ACTING AS AGENTS FOR THE CHARTERERS PRESENTED ‘CLEAN ON BOARD’ BILL OF LADING FOR MASTER’S SIGNATURE: CARGO DID APPEAR 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 OWNERS AS CARRIER FOR MISREPRESENTATION: EFFECT OF INCLUSION OF HAGUE RULES IN BILL OF LADING

DMC/SandT/21/01

England

English Admiralty Court

1) Splitt Chartering APS (2) Stema Shipping A/S (3) Stema Shipping (UK) Limted & Ors v SAGA Shipholding Norway AS and RTE Reseau de Transport d’Electricité SA & Ors: [2020] EWHC 1294 (Admlty) Queen’s Bench Division (Admiralty Court); Teare J; 22 May 2020;[[31]]

LIMITATION OF LIABILITY: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976: INTERPRETATION OF ARTICLE 1(2): MEANING OF “MANAGER OR OPERATOR OF A SEAGOING SHIP”: ANCHOR OF UNMANNED BARGE CAUSING DAMAGE TO ELECTRICITY CABLE

DMC/SandT/20/14

Singapore

China Coal Solution (Singapore) Pte Ltd v Avra Commodities Pte Ltd

Court of Appeal of the Republic of Singapore [2020] SGCA 81, 20 August 2020: Decision of the Court of Appeal delivered by Judith Prakash, JA: [[32]]

ALLEGED BREACH OF TRADING CONTRACT: WHETHER CONTRACT HAD BEEN FINALLY CONCLUDED: RELEVANCE OF STANDARD TERMS AND CONDITIONS: RELEVANCE OF PREVIOUS DEALINGS BETWEEN THE PARTIES

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: [[33]]

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: [[34]]

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/20/11

England

Cargill International Trading Pte Ltd v Uttam Galva Steels Limited (Commercial Court): Bryan J: [2019] EWHC 476 (Comm): 28 February 2019: [[35]]

SUMMARY JUDGMENT: CONTRACT TERM: DEFAULT COMPENSATION CLAUSE: INTEREST RATE: WHETHER UNENFORCEABLE AS A PENALTY: WHETHER INCORPORATED INTO RELEVANT CONTRACT: WHETHER ONEROUS OR UNUSUAL TERM: ILLEGALITY UNDER INDIAN LAW

DMC/SandT/20/10'

England

Ocean Perfect Shipping Limited v Dampskibsselskabet Norden AS

English Queen’s Bench (Commercial Court): Teare J: [2019] EWHC 3368 (Comm): 6 December 2019: [[36]

BRITISH REGISTERED VESSEL: GROUNDING WHILST ON CHARTER: MARITIME CASUALTY: MARINE ACCIDENT INVESTIGATION BRANCH (MAIB) SAFETY INVESTIGATION REPORT: MERCHANT SHIPPING (ACCIDENT REPORT AND INVESTIGATION) REGULATIONS 2012: WHETHER ARBITRATION JUDICIAL PROCEEDINGS: WHETHER REPORT TO BE ADMITTED: COURT’S PERMISSION: DISCRETION

DMC/SandT/20/09

England

Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”)

English Court of Appeal: Flaux, Haddon-Cave and Males LLJ: [2020] EWCA Civ 293: 4 March 2020: [[37]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2020/293.html

CLAIM FOR CONTRIBUTION IN GENERAL AVERAGE: NEGLIGENT VOYAGE PLANNING BY THE VESSEL’S OFFICERS CAUSED GROUNDING OF VESSEL LEADING TO EXPENDITURE IN THE NATURE OF GENERAL AVERAGE TO REFLOAT THE VESSEL: WHETHER CARGO INTERESTS ENTITLED TO DEFEND THE CLAIM ON THE BASIS THAT OWNERS HAD FAILED TO EXERCISE DUE DILIGENCE TO MAKE THE VESSEL SEAWORTHY BEFORE AND AT THE BEGINNING OF THE VOYAGE: ARTICLE III, RULES 1 AND 2 AND ARTICLE IV, RULE 2(A) OF THE HAGUE/HAGUE-VISBY RULES

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:[[38]]

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/20/07

England

Globalink Transportation & Logistics Worldwide LLP v DHL Project & Chartering Ltd

English Commercial Court: Nicholas Vineall QC: 29 January; 19 February: [2019] EWHC 225 (Comm): [[39]]

CONTRACT FOR FREIGHT FORWARDING SERVICES: WHETHER CLAIM FOR CARGO DAMAGE COULD BE SET-OFF AGAINST CLAIM FOR FREIGHT

DMC/SandT/20/06

Singapore

Oversea-Chinese Banking Corporation v Jiang Xin Shipping (“YUE YOU 902”)

Singapore High Court: Pang Khang Chau, Judicial Commissioner: [2019] SGHC 106:[[40]]

BILLS OF LADING: MISDELIVERY: WHETHER HOLDER’S KNOWLEDGE THAT CARGO HAD BEEN DISCHARGED BEFORE TAKING UP THE BILLS OF LADING DEFEATED A MISDELIVERY CLAIM: WHETHER HOLDER IN FACT HAD THAT KNOWLEDGE AT THAT TIME

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: [[41]]

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/20/04

England

Volcafe Ltd and Others v Cia Sud Americana de Vapores SA

Supreme Court: Lord Reed DPSC, Lords Wilson, Sumption, Hodge and Kitchin JJSC; [2018] UKSC 61; 5 December 2018: [[42]]

SHIPPING: BILL OF LADING: HAGUE RULES: WHETHER BURDEN ON CARRIER TO PROVE DAMAGE TO GOODS CAUSED WITHOUT NEGLIGENCE OR DUE TO INHERENT VICE: INHERENT VICE

DMC/SandT/20/03

England

MUR Shipping B.V. v Louis Dreyfus Company Suisse S.A. (The “Tiger Shanghai”)

English Commercial Court: Cockerill J: [2019] EWHC 3240 (Comm): 13 November 2019:[[43]]

TIME CHARTERPARTY: ALL CLAIMS PRESENTATION TIME BAR CLAUSE: OWNERS REFUSED TO ALLOW CEMENT FEEDER HOLES TO BE DRILLED IN HATCH COVERS: CHARTERERS’ CONTEMPORANEOUS SURVEY REPORT CONCLUDED OWNERS HAD NO GOOD REASONS FOR REFUSAL: REPORT RELIED ON BY CHARTERERS IN ARBITRATION BUT NOT PRESENTED WITHIN THE 12 MONTHS’ TIME BAR: WHETHER CLAIM TIME BARRED FOR WANT OF PRESENTATION OF “ALL AVAILABLE SUPPORTING DOCUMENTS (WHETHER RELATING TO LIABILITY OR QUANTUM OR BOTH)”: ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINTS OF LAW

DMC/SandT/20/02

England

Quiana Navigation SA v Pacific Gulf Shipping (Singapore) Pte Ltd (The “Caravos Liberty”)

English Commercial Court: Cockerill J: [2019] EWHC 3171 (Comm): 21 November 2019: [[44]]

TIME CHARTERPARTY: WITHDRAWAL OF VESSEL FOR NON-PAYMENT OF HIRE: BIMCO NON-PAYMENT OF HIRE CLAUSE: WHETHER LAWFUL TO WITHDRAW VESSEL FOR NON-PAYMENT OF HIRE THAT FELL DUE ON AN EARLIER DATE: ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINTS OF LAW

DMC/SandT/20/01

England

Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd

English Court of Appeal: Longmore, Hamblen, Henderson LJJ: [2017] EWCA Civ 2107:[[45]]

CHARTERPARTY (TIME): NYPE INTER-CLUB AGREEMENT 1996, CLAUSE 8(D): WHETHER “ACT” REQUIRES FAULT

DMC/SandT/19/10

England

Eleni Shipping Limited v Transgrain Shipping B.V. (The “Eleni P”):[[46]]

English Commercial Court: Popplewell J: [2019] EWHC 910 (Comm): 10 April 2019

TIME CHARTERPARTY: NYPE 46 FORM: VESSEL CAPTURED BY PIRATES IN THE ARABIAN SEA: WHETHER VESSEL WAS OFF-HIRE: ARBITRATION ACT 1996 SECTION 96 APPEAL ON POINTS OF LAW

DMC/SandT/19/09

England

A v B (The “GA”)

English Commercial Court: Sir Ross Cranston: [2018] EWHC 2325 (Comm): 7 September 2018: [[47]]

TIME CHARTERPARTY: AMENDED SHELLTIME 4 FORM: VLCC OIL TANKER CHARTERED-IN THEN SUB-CHARTERED TO POOL: OIL MAJOR ELIGIBILITY CLAUSE (“OMEC”) BY WHICH VESSEL GUARANTEED AT ALL TIMES (1) TO HAVE A VALID SHIP INSPECTION REPORT (“SIRE”) PROGRAMME REPORT REGISTERED ON THE SIRE SYSTEM AND NOT MORE THAN SIX MONTHS’ OLD, AND (2) TO BE ELIGIBLE FOR BUSINESS FROM AT LEAST FOUR OIL MAJORS: VESSEL BECAME UNEMPLOYABLE DUE TO CRITICAL SIRE REPORT FOLLOWED BY LAPSE OF SIRE REPORT: VESSEL PLACED OFF-HIRE DUE TO BREACH OF GUARANTEES THEN LATER REDELIVERED TO OWNERS: QUANTIFICATION OF CLAIM FOR LOSS AND DAMAGE CAUSED BY BREACHES OF OMEC: WHETHER NET LOSS OF PROFITS AND WASTED COSTS COULD BOTH BE CLAIMED: WHETHER LOSS OF PROFITS DAMAGES WERE TO BE DISCOUNTED ON LOSS OF CHANCE BASIS: ARBITRATION ACT 1996 SECTION 69 APPLICATION TO APPEAL AWARD ON POINTS OF LAW

DMC/SandT/19/08

England

Ark Shipping Company LLC v Silverburn Shipping (IOM) Ltd

English Court of Appeal: Gross LJ, McCombe LJ, Leggatt LJ: 2019 EWCA Civ 1161: 12 July 2019: [[48]]

BARECON 1989 CHARTERPARTY: CHARTERERS’ OBLIGATION TO MAINTAIN THE VESSEL’S CLASS STATUS: WHETHER THIS A CONDITION OR AN INNOMINATE TERM

DMC/SandT/19/07

England

Deep Sea Maritime Limited v Monjasa A/S (The “Alhani”)

English Commercial Court: David Foxton QC (sitting as a Deputy Judge of the High Court): [2018] EWHC 1495 (Comm): 15 June 2018:

[[49]]

BILL OF LADING: CARGO MISDELIVERY WITHOUT PRESENTATION OF ORIGINAL BILL: CLAUSE 1 OF BILL INCORPORATING EXCLUSIVE ENGLISH JURISDICTION & LAW CLAUSE OF A CHARTERPARTY: CLAUSE 2 OF BILL INCORPORATING HAGUE RULES 1924: WHETHER ONE-YEAR TIME BAR IN ARTICLE III RULE 6 OF 1924 RULES APPLIES TO CARGO MISDELIVERY CLAIMS: WHETHER LEGAL PROCEEDINGS COMMENCED IN TIME IN WRONG (FOREIGN) FORUM CAN STOP TIME BAR EXPIRING IN CORRECT (ENGLISH) FORUM: WHETHER CARRIER (OWNERS) ENTITLED TO A DECLARATION OF NON-LIABILITY ON A SUMMARY JUDGMENT BASIS

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: [[50]]

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: [[51]]

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/19/04

England

NatWest Markets plc v Stallion Eight Shipping Co SA

English Commercial Court: Teare J: [2018] EWHC 2033 (Admlty): 31 July 2018:[[52]]

SHIP ARREST: ADMIRALTY JURISDICTION: APPLICATION FOR RELEASE FROM ARREST UNDER CPR RULE 61.8(4)(B): WHETHER DEFENDANT ENTITLED TO CROSS-UNDERTAKING IN RESPECT OF POTENTIAL DAMAGES

DMC/S&T/19/03

England

Yemgas FZCO & Ors v Superior Pescadores SA

English Court of Appeal; Longmore, Tomlinson, McCombe LJJ; [2016] EWCA Civ 101; 24 February 2016: [[53]]

CARRIAGE OF GOODS BY SEA: BILLS OF LADING: LIMITATION OF LIABILITY: CLAUSE PARAMOUNT: WHETHER REFERENCE IN THAT CLAUSE TO HAGUE RULES MEANT HAGUE RULES LIMITS OF LIABILITY APPLIED EVEN WHERE HAGUE-VISBY RULES OTHERWISE APPLIED

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: [[54]]

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:[[55]]

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/18/07

England

Troy Maritime SA v Clearlake Shipping Pte Ltd

English Commercial Court: Butcher J.: [2018] EWHC 2310 (Comm): 31 July 2018:[[56]]

DEVIATION FROM THE CONTRACT VOYAGE: WHETHER DEVIATION REASONABLE IN ALL THE CIRCUMSTANCES: FINDING OF FACT BY ARBITRATION TRIBUNAL: WHETHER COURT BOUND BY THAT FINDING

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)[[57]]

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): [[58]]

FOR CHARTERERS TO OBTAIN A 50/50 APPORTIONMENT FOR CARGO LIABILITY BETWEEN THEMSELVES AND THE OWNERS ON GROUNDS OF THE FIRST PROVISO TO CLAUSE 8(B) OF THE INTER- CLUB NEW YORK PRODUCE EXCHANGE AGREEMENT 1996 (THE “INTER-CLUB AGREEMENT" OR "ICA”), THE CHARTERPARTY MUST CONTAIN A PROVISION WHICH IS CLEARLY INTENDED TO PASS COMPLETE RESPONSIBILITY FOR CARGO HANDLING TO THE SHIPOWNERS. A PARTIAL TRANSFER OF RESPONSIBILITY, OR RESPONSIBILITY FOR A PARTICULAR ASPECT OF CARGO HANDLING (SUCH AS STOWAGE), WILL NOT BE SUFFICIENT TO ENGAGE THE ICA 8(B) PROVISO.

DMC/SandT/18/04

England

Glencore Energy UK Ltd v OMV Supply & Trading Ltd (The “Seagrace”)/

English Commercial Court: Sir Ross Cranston: [2018] EWHC 895 (Comm): 23 April 2018: [[59]]

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

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:[[60]]

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/18/02

England

Kyokuyo Co Ltd v AP Møller-Maersk A/S, trading as “Maersk Line”

English High Court – Commercial Court: Mr Justice Andrew Baker: [2017] EWHC 654 (Comm): 29 March 2017: [[61]]

LIMITATION OF LIABILITY UNDER HAGUE/HAGUE-VISBY RULES: WHETHER LIMITATION APPLIED TO EACH SEPARATE PACKAGE/UNIT DAMAGED OR TO TOTAL NUMBER OF PACKAGES/UNITS

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: [[62]]

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/17/14

England

Glencore International AG v MSC Mediterranean Shipping Company S.A.

English Court of Appeal; Lewison and Henderson LJJ, Sir Christopher Clarke; [2017] EWCA Civ 365; 24 May 2017:[[63]]

CARRIAGE OF GOODS BY SEA: MISDELIVERY OF CARGO: MEANING OF “DELIVERY ORDER": ELECTRONIC RELEASE SYSTEMS IN OPERATION AT PORT OF DISCHARGE: WHETHER A RELEASE NOTE CONTAINING PIN CODES CONSTITUTED A DELIVERY ORDER: WHETHER CONSIGNEE ESTOPPED BY PREVIOUS USE OF ERS SYSTEM

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: [[64]]

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

DMC/SandT/17/12

Singapore

DSA Consultancy (FZC) v The “Eurohope”

Singapore High Court; Chua Lee Ming J; [2017] SGHC 218: [[65]]

ADMIRALTY JURISDICTION: ARREST TO OBTAIN SECURITY IN AID OF FOREIGN COURT PROCEEDINGS

DMC/SandT/17/11

Canada

De Wolf Maritime Safety BV v Traffic-Tech International Inc. (The “Zagora”)

Federal Court, Ontario: Madam Justice St-Louis; 2017 FC 23: 11 January 2017:[[66]]

HAGUE-VISBY RULES: WHETHER CARGO CARRIED ON-DECK UNDECLARED AMOUNTED TO “GOODS” AS DEFINED IN THE RULES: WHETHER A CARRIER COULD RELY ON THE LIMITATION OF LIABILITY FOR DAMAGE TO GOODS CARRIED ON-DECK WITHOUT AUTHORISATION

DMC/SandT/17/10

England

Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd. English Commercial Court: Teare J: (2016) EWHC 3122 (Comm): [[67]]

CHARTERPARTY (TIME): NYPE INTER-CLUB AGREEMENT 1996, CLAUSE 8(D): WHETHER “ACT” REQUIRES FAULT

DMC/SandT/17/09

Singapore

The “Posidon” and another matter

Singapore High Court; Belinda Ang Saw Ean J; [2017] SGHC 138:[[68]]

CLAIMS AGAINST SHIP SALE PROCEEDS: PRIORITIES: CIRCUMSTANCES IN WHICH ESTABLISHED ORDER OF PRIORITIES MAY BE DEPARTED FROM: CIRCUMSTANCES IN WHICH NECESSARIES CLAIM MAY RANK ABOVE MORTGAGEE’S CLAIM: WHETHER REQUIREMENT OF KNOWLEDGE OF NATURE AND EXTENT OF EXPENDITURE DIFFERS FOR DIFFERENT KINDS OF NECESSARIES CLAIMS

DMC/SandT/17/08

England

Fulton Shipping Inc v Globalia Business Travel SAU (The “New Flamenco”)

United Kingdom Supreme Court: Neuberger, Mance, Clarke, Sumption and Hodge SCJJ: [2017] UKSC 43: 28 June 2017:[[69]]

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/17/07

England

Gard Marine & Energy Ltd v China National Chartering Co Ltd and another/China National Chartering Co Ltd v Gard Marine & Energy Ltd and another/Daiichi Chuo Kisen Kaisha v Gard Marine & Energy Ltd and another (The “Ocean Victory”)

United Kingdom Supreme Court: Mance, Clarke, Sumption, Hodge and Toulson SCJJ: [2017] UKSC 35: 10 May 2017:[[70]]

DEMISE CHARTERPARTY: TIME CHARTERPARTY: CONTACT WITH BREAKWATER AND GROUNDING AT PORT RESULTING IN CONSTRUCTIVE TOTAL LOSS AND WRECK REMOVAL OF VESSEL: WHETHER LOSS CAUSED BY BREACH OF SAFE PORT UNDERTAKING OR BY AN ABNORMAL OCCURRENCE: WHETHER SUBROGATED RIGHTS OF HULL INSURERS AND INSURED LOSSES OF OWNERS AGAINST DEMISE CHARTERERS PRECLUDED BY DEMISE CHARTERPARTY TERMS: WHETHER TIME CHARTERERS ENTITLED TO LIMIT LIABILITY AGAINST HULL INSURERS AND OWNERS: BARECON 89 FORM: MERCHANT SHIPPING ACT 1995: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976

DMC/SandT/17/06

England

Bahamas Oil Refining Company International Limited v Cape Bari Tankschiffahrts GmbH & Co KG (The “Cape Bari”)

Judicial Committee of the Privy Council: Neuberger, Mance, Clarke, Sumption and Toulson SCJJ: [2016] UKPC 20: 19 July 2016:[[71]]

CONDITIONS OF USE OF BERTH: COLLISION BETWEEN VESSEL AND BERTH: WHETHER – UNDER CONDITIONS OF USE OF BERTH - VESSEL CAN CONTRACT OUT OF OR WAIVE STATUTORY RIGHT TO LIMIT LABILITY: WHETHER UNDER CONDITIONS OF USE VESSEL DID CONTRACT OUT OF OR WAIVE RIGHT TO LIMIT: MERCHANT SHIPPING (MARITIME CLAIMS LIMITATION OF LIABILITY) ACT 1989 OF THE BAHAMAS: CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976

DMC/SandT/17/05

England

Oldendorff GmbH & Co KG v Sea Powerful II Special Maritime Enterprises (The “Zagora”)

English High Court (Commercial Court): Mr Justice Teare: [2016] EWHC 3212; 15 December 2016:[[72]]

LETTER OF INDEMNITY: WHETHER THE DISCHARGE PORT AGENT WAS ACTING ON BEHALF OF THE SHIPOWNERS OR THE PERSON NAMED IN THE LETTER OF INDEMNITY AS THE PERSON TO WHOM DELIVERY OF THE CARGO WAS TO BE MADE

DMC/SandT/17/04

England

MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt

Court of Appeal; Moore-Bick and Tomlinson LJJ, Keehan J.; [2016] EWCA Civ 789; 27 July 2016:[[73]]

CONTAINER DEMURRAGE: FRUSTRATION: REPUDIATION AND LEGITIMATE INTEREST: GOOD FAITH: PENALTIES

DMC/SandT/17/03

England

SPAR SHIPPING AS v GRAND CHINA LOGISTICS HOLDING (GROUP) CO LTD (THE “SPAR CAPELLA”, “SPAR VEGA” AND “SPAR DRACO”)

Court of Appeal; Sir Terence Etherton MR, Gross and Hamblen LJJ; [2016] EWCA Civ 982; 7 October 2016:[[74]]

NYPE 1993 FORM TIME CHARTERPARTY: WHETHER THE CHARTERERS’ DUTY TO PAY HIRE IS A CONDITION OR AN INNOMINATE TERM: WHETHER THE CHARTERERS’ CONDUCT AMOUNTED TO REPUDIATORY BREACH OF THE TIME CHARTER

DMC/SandT/17/02

England

Volcafe Ltd and Others v Compania Sud Americana de Vapores SA (trading as “CSAV”)

English Court of Appeal: Gloster LJ, King LJ and Flaux J: (2016) EWCA Civ 1103: [[75]]

CARRIAGE OF GOODS BY SEA: CONSIGNMENTS OF BAGGED COFFEE BEANS IN CONTAINERS CARRIED ON LCL/FCL TERMS: CARGO DAMAGED BY CONDENSATION: TEMPORAL SCOPE OF HAGUE RULES: BURDEN OF PROOF: WHETHER CARRIER FAILED PROPERLY AND CAREFULLY TO LOAD AND CARRY THE GOODS: WHETHER CARRIER ENTITLED TO RELY ON “INHERENT VICE” EXCEPTION: WHETHER DAMAGE INEVITABLE: HAGUE RULES, ARTICLE III RULE 2 AND ARTICLE IV RULE 2(M)

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

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

DMC/SandT/16/07

England

FSL-9 Pte Ltd and Nordic Tankers Trading A/S v Norwegian Hull Club (The “FSL New York”)

English Commercial Court: Blair J: [2016] EWHC 1091 (Comm): 10 May 2016: [[76]]

LETTER OF UNDERTAKING: P&I CLUB: WHETHER CLAIMANT OWNERS COULD APPLY TO HIGH COURT TO REQUIRE DEFENDANT P&I CLUB TO INCREASE LEVEL OF SECURITY AVAILABLE UNDER A LETTER OF UNDERTAKING ISSUED BY THE CLUB TO OWNERS: MEANING OF “LIBERTY TO APPLY” IN LETTER OF UNDERTAKING SUBJECT TO ENGLISH LAW AND EXCLUSIVE JURISDICTION OF HIGH COURT IN LONDON

DMC/SandT/16/06

England

NYK Bulkship (Atlantic) NY v Cargill International SA, The “Global Santosh”

Court; Lords Neuberger, Mance, Clarke, Sumption, Toulson; [2016] UKSC 20; 11 May 2016:[[77]

OFF-HIRE CLAUSE RE DELAY ARISING FROM ARREST OF VESSEL: WHETHER ACTS OF RECEIVERS AND SUB-CHARTERERS WERE TO BE CONSIDERED “DEFAULT OF THE CHARTERERS OR THEIR AGENTS”

DMC/SandT/16/05

England

PST Energy 7 Shipping LLC & Product Shipping and Trading SA v OW Bunker Malta Limited & ING Bank NV, the “RES COGITANS”

Supreme Court; Lords Neuberger, Mance, Clarke, Hughes, Toulson; [2016] UKSC 23, 11 May 2016: [[78]]

RETENTION OF TITLE CLAUSE; GOODS CONTEMPLATED TO BE CONSUMED BEFORE TITLE PASSED; SALE OF GOODS ACT 1979 INAPPLICABLE; COMMENTS ON POSITION IF SALE OF GOODS ACT 1979 APPLIED

DMC/SandT/16/04

England

Crescendo Maritime Co. & Alpha Bank AE v Bank of Communications Co Ltd & Ors.

English High Court; Teare J; [2015] EWHC 3364 (Comm), 25 November 2015: [[79]]

BACK-DATED SHIPBUILDING CONTRACT: REFUND GUARANTEES: ARBITRATION PROCEEDINGS: ACTION COMMENCED IN CHINESE COURTS BY A PARTY TO THE ARBITRATION AGREEMENT: BREACH OF ARBITRATION AGREEMENT:WHETHER AN ANTI-SUIT INJUNCTION SHOULD BE ISSUED:: WHETHER CHINESE PROCEEDINGS A COLLATERAL ATTACK ON ARBITRATION AWARD

DMC/SandT/16/03

England

SBT Star Bulk & Tankers (Germany) GmbH & Co KG v Cosmotrade SA (The “Wehr Trave”)

English Commercial Court: Eder J: [2016] EWHC 583 (Comm): 22 March 2016:[[80]]

TIME CHARTER TRIP: WHETHER THE PARTICULAR TERMS OF THE CHARTER PERMITTED CHARTERERS TO ORDER THE VESSEL TO LOAD A FURTHER CARGO AFTER THE INITIAL CARGO HAD BEEN DISCHARGED: ARBITRATION ACT 1996 SECTION 69 APPEAL

DMC/SandT/16/02

England

Fulton Shipping Inc v Globalia Business Travel SAU (The “New Flamenco”)

English Court of Appeal: Longmore, Christopher Clarke and Sales LLJ: [2015] EWCA Civ 1299: 21 December 2015:[[81]

TIME CHARTER: REPUDIATION: QUANTUM OF DAMAGES: WHETHER CREDIT TO BE GIVEN FOR CAPITAL VALUE OF VESSEL SOLD ON REPUDIATION FOR A GREATER SUM THAN ITS VALUE ON CONTRACTUAL REDELIVERY DATE: ARBITRATION ACT 1996 SECTION 69 APPEAL

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: [[82]]

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/15/18

England

Société de Distribution de Toutes Marchandises en Côte D’Ivoire, trading as “SDTM-CI”, and others v. Continental Lines N.V. and another (the “Sea Miror”)

English High Court: Flaux J; 18 June 2015: [2015] EWHC 1747 (Comm): [[83]]

SYNACOMEX 90 CHARTERPARTY: LOADING AND DISCHARGING TO BE AT THE EXPENSE AND RISK OF THE SHIPPERS/CHARTERERS AND RECEIVERS/CHARTERERS RESPECTIVELY: WHETHER OWNERS RESPONSIBLE FOR CARGO LOSS AND DAMAGE OCCURRING DURING LOADING AND DISCHARGE

DMC/SandT/15/17

England

PST Energy 7 Shipping LLC & Product Shipping and Trading SA v OW Bunker Malta Limited & ING Bank NV, the “RES COGITANS”

Court of Appeal; Moore-Bick, Longmore, McCombe LJJ; [2015] EWCA Civ 1058, 22 October 2015: []

ARBITRATION ACT 1996 SECTION 69 APPEAL: SUPPLY OF BUNKERS: RETENTION OF TITLE CLAUSE: CONTEMPLATED THAT GOODS WOULD BE CONSUMED BEFORE TITLE PASSED: NO PASSING OF PROPERTY INTENDED: SALE OF GOODS ACT 1979 INAPPLICABLE

DMC/SandT/15/16

Singapore

Equatorial Marine Fuel Management Services Pte Ltd v MISC Berhad, the “BUNGA MELATI 5”

High Court; Prakash J; [2015] SGHC 190, 22 July 2015:[[84]]

BUNKER BROKERS: AGENCY: ACTUAL AUTHORITY, APPARENT AUTHORITY, AND ESTOPPEL: NO GENERAL ‘DUTY TO SPEAK’

DMC/SandT/15/15

England

Arnold v Britton

UK Supreme Court: Lord Neuberger of Abbotsbury PSC, Lord Sumption, Lord Carnwath, Lord Hughes, Lord Hodge JJSC: [2015] UKSC 36, [2015] 2 WLR 1593: 10 June 2015:[[85]]

LANDLORD AND TENANT: LONG RESIDENTIAL LEASES: INCREASE OF SERVICE CHARGE AT YEARLY RATE OF 10% ON COMPOUND BASIS: CONTRACTUAL INTERPRETATION: CONTROL OF PARTIES OVER LANGUAGE USED IN CONTRACT: THAT CONTRACTUAL ARRANGEMENT WORKED OUT BADLY FOR ONE PARTY NO REASON FOR DEPARTING FROM NATURAL LANGUAGE

DMC/SandT/15/14

England

Bunge SA v Nidera BV

UK Supreme Court: Lords Neuberger, Mance, Clarke, Sumption and Toulson: [2015] UKSC 437: 1 July 2015:[[86]]

INTERNATIONAL SALE OF GOODS: DAMAGES: SALE OF GRAIN BASED ON GAFTA FORM 49: EMBARGO ON EXPORTS: PREMATURE TERMINATION OF CONTRACT BY SELLERS BEFORE EMBARGO TOOK EFFECT: ASSESSMENT OF DAMAGES TO TAKE INTO ACCOUNT EFFECT OF EMBARGO: NO LOSS SUFFERED BY BUYERS

DMC/SandT/15/13

The Netherlands

The Kingdom of The Netherlands v Owners of the yacht Qubio – “The Qubio”

Supreme Court of the Netherlands: Vice-President F.B. Bakels as chairman and judges G. Snijders, G. de Groot, M.V. Polak and T.H. Tanja-van den Broek'; 10 July 2015, Case no. ECLI:NL:HR:2015:1836:[[87]]

WRECK OF VESSEL: EXTENSION OF LIABILITY OF THE OWNER OF A SUNKEN VESSEL TO PAY FOR COSTS OF MARKING THE WRECK AS A TEMPORARY OR PRECAUTIONARY MEASURE

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: [[88]]

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::[[89]]

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:[[90]]

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:[[91]]

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:[[92]]

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[[93]]

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”: [[94]]

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:[[95]]

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:[[96]]

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: [[97]]

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: [[98]]

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:[[99]]

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:[[100]]

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:[[101]]

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:[[102]]

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[[103]]

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): [[104]]

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:[[105]]

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:[[106]]

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:[[107]]

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:[[108]]

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”):[[109]]

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:[[110]]

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:[[111]]

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:[[112]]

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:[[113]]

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: [[114]]

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[[115]]

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:[[116]]

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:[[117]]

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:[[118]]

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:[[119]]

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:[[120]]

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:[[121]]

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:[[122]]

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:[[123]]

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:[[124]] 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:[[125]]

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:[[126]]

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: [[127]]

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:[[128]]

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: [[129]]

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:[[130]]

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:[[131]]

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: [[132]]

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:[[133]]

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:[[134]]

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: [[135]]

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):[[136]]

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: [[137]]

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:[[138]]

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: [[139]]

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:[[140]]

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:[[141]]

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:[[142]]

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: [[143]

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:[[144]]

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:[[145]]

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: [[146]]

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: [[147]]

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:[[148]]

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: [[149]]

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: [[150]]

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:[[151]]

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: [[152]]

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:[[153]]

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:[[154]]

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:[[155]]

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:[[156]]

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:[[157]]

CONSTRUCTION OF ART. 3(4) SECOND PARAGRAPH, INTERNATIONAL CONVENTION RELATING TO THE ARREST OF SEA-GOING SHIPS 1952 ]]

@@ Line 1: / Line 1: @@
+DMC/SandT/22/13
+'''England'''
+'''NKD Maritime Ltd v Bart Maritime (No. 2) Inc (The “Shagang Giant”)'''
+'''English Commercial Court: Butcher J: [2022] EWHC 1615 (Comm): 24 June 2022:[[https://www.onlinedmc.co.uk/index.php/NKD_Maritime_v_Bart_Maritime_No.2_-_The_Shagang_Giant]]
+Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2022/1615.html
+'''VESSEL SALE AND PURCHASE AGREEMENT (“MOA”): SHIPBREAKING: BUYER PAID INITIAL PAYMENT DUE TO SELLER UNDER MOA: BUYER LATER TERMINATED THE MOA AND CLAIMED BACK THE INITIAL PAYMENT: SELLER ACCEPTED TERMINATION AS REPUDIATION OF MOA AND CLAIMED DAMAGES FOR BREACH: WHETHER TERMINATION OF MOA VALID: WHETHER LOCKDOWN MEASURES OR RESTRICTIONS IMPOSED BY INDIAN GOVERMENT AS A RESULT OF THE ONSET OF COVID-19 CONSTITUTED OR GAVE RISE TO A RELEVANT FORCE MAJEURE EVENT'''
 DMC/SandT/22/12

Shipping & Transport: Difference between revisions

Revision as of 21:37, 21 July 2022

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