319. X v Y [2011] 1 Lloyds Rep 694

Consecutive voyage charterparty – “final discharge” and “termination” construed.

The facts

The vessel was chartered on a Continental Grain charterparty for three consecutive voyages. The terms were essentially those of the Synacomex 2000 form with additional clauses. The arbitration clause was a modification of the Centrocon arbitration clause. Continue reading “319. X v Y [2011] 1 Lloyds Rep 694”

318. Rhodian River Shipping Co SA and Rhodian Sailor Shipping Co SA v Halla Maritime Corporation (The “Rhodian River” and “Rhodian Sailor”) [1984] 1 Lloyds Rep 373

Rectification – written charterparty referring to correct vessel but incorrect owner within group – rectification allowed.

The facts

Both vessels were owned by one-ship, Panamanian companies with the same shareholders and directors. Both were managed by a third company also with the same shareholders and directors, based in Piraeus. Continue reading “318. Rhodian River Shipping Co SA and Rhodian Sailor Shipping Co SA v Halla Maritime Corporation (The “Rhodian River” and “Rhodian Sailor”) [1984] 1 Lloyds Rep 373”

317. Great Eastern Company Limited v Far East Chartering Limited and another (The “Jag Ravi”) [2011] EWHC 1372 (Comm); [2012] EWCA Civ 180

Letter of Indemnity – shipowners entitled to benefit under LOI pursuant to Contracts (Rights of Third Parties) Act 1999

The facts

Coal was shipped under five separate bills of lading from South Kalimantan in Indonesia to Navlakhi, India.

There was an FOB sale contract between Indonesian shippers and intermediate receivers who on-sold to the final receivers. 

There was also a voyage charterparty with charterers, a company associated with the intermediate receivers. Continue reading “317. Great Eastern Company Limited v Far East Chartering Limited and another (The “Jag Ravi”) [2011] EWHC 1372 (Comm); [2012] EWCA Civ 180”

316. Front Carriers Ltd v Atlantic and Orient Shipping Corporation (The “Double Happiness”) [2007] 2 Lloyds Rep 131

Formation – time charterparty recap incorrectly describing disponent owners – contract held to have been concluded.

 

The facts

A newbuilding was chartered by a Liberian company within a well known and financially stable group of companies based in Bermuda, for a minimum of 24, maximum 26 months, with a laycan spread of three months, commencing four months after fixture. Continue reading “316. Front Carriers Ltd v Atlantic and Orient Shipping Corporation (The “Double Happiness”) [2007] 2 Lloyds Rep 131”

313. Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd (The ‘Kildare”) [2010] EWHC 903 (Comm)

Consecutive voyage charterparty – repudiation – measure of damages where no available market.

  Continue reading “313. Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd (The ‘Kildare”) [2010] EWHC 903 (Comm)”