by michael | Dec 7, 2022 | Charter Party Cases
Misrepresentation – terms of speed and consumption warranty not in themselves a representation by the owners – on the facts, introductory letter held to be a misrepresentation but element of inducement absent and, in any event, contract affirmed by charterers The...
by michael | Feb 27, 2022 | Charter Party Cases
Contract formation – one time charter trip negotiated by email and telephone – no consensus on the facts The facts HMM based in Seoul, South Korea, bareboat charterers and disponent owners of the vessel, represented by Ho Jong Baek, General Manager and head of their...
by michael | Jan 16, 2022 | Charter Party Cases
Arbitration – points of claim sought to be amended – pleading a new cause of action which has become time-barred will not be allowed because it was not, and could not have been, included in the reference to arbitration The facts Tanker voyage charterparty between Leif...
by michael | Dec 16, 2021 | Charter Party Cases
Incorporation – Gulf of Aden clause in charterparty requiring charterers to pay for P & I Kidnap Risks and Ransoms cover up to a maximum of 40 000 USD – even if such obligation implied that owners would not seek general average contribution for ransom paid to...
by michael | Dec 2, 2021 | Charter Party Cases
Master’s duty in clausing bills of lading – section 2(2) COGSA 1992 – spent bills not qualifying under proviso because they were negotiated under a fresh contract The facts Thirty Five Thousand tonnes of urea shipped from Finland to China. Chain of FOB sales and...
by michael | Oct 3, 2021 | Charter Party Cases
Defective nomination of vessel – may be cured by timeous valid nomination and therefore not amounting to breach of condition The facts Contract of sale – Ukranian feed corn FOB 1 safe berth/1 safe Ukrainian port, Yuzhny, Odessa or Chernomorsk. (Sale concluded on a...
by michael | Jun 22, 2021 | Charter Party Cases
Nature of demurrage: liquidated damages for delay – where delay results in damage of a type different from loss of use of vessel, general damages not available – question of law determined under s45 of the Arbitration Act 1996 The facts Voyage charterparty. Norgrain...
by michael | Apr 5, 2021 | Charter Party Cases
Nature of demurrage: liquidated damages for detention – breach of dangerous cargo provision not altering nature of damages suffered The facts Voyage charter party. Quantity of turpentine loaded in breach of cargo clause resulting in extended delay. Special case stated...
by michael | Mar 29, 2021 | Charter Party Cases
Damages suffered by owners caused by arrest of vessel at behest of receivers – charterers not liable The facts Carriage of maize to Tripoli. Discharge delayed beyond laytime by congestion. Receivers claimed wet-damage to cargo and refused to take delivery. They...
by michael | Mar 21, 2021 | Charter Party Cases
Demurrage – damages for multiple breaches and different consequences The facts Tanker voyage charter on Exxonvoy 69. Vessel to proceed from range of ports North Africa there to load a minimum of 40 000 tons crude oil for carriage to a range of ports Italy. “10 Pumping...
by michael | Feb 4, 2021 | Charter Party Cases
Demurrage – the nature of demurrage as liquidated damages – fundamental breach The facts The contract, referred to by Mocatta J at first instance as a “hybrid”, was a single voyage charter converted to provide for an undetermined number of voyages over a fixed two...
by michael | Nov 9, 2020 | Charter Party Cases
FOB sale – demurrage clause – parallel obligation to pay carrying charges The facts A parcel of wheat was sold FOB Damman, Saudi Arabia. The contract provided for demurrage, a guaranteed loading rate, sellers’ carrying charges if vessel arrived late and a right...
by michael | Aug 20, 2020 | Charter Party Cases
Formation of charterparty – lifting of subjects THE PROCEEDINGS This was a trial conducted by video link before Foxton J. Trafigura claimed damages from Nautica, owners of the oil tanker, managed by NJ Goulandris Maritime, for the reduction in profit obtained in a...
by michael | Jun 28, 2020 | Charter Party Cases
Bill of lading – named shipper found not to be party to the contract The proceedings This was an appeal in terms of section 67 of the Arbitration Act 1996, challenging the jurisdiction of a panel of arbitrators consisting of Clare Ambrose, Daniella Horton and...
by michael | Apr 24, 2020 | Charter Party Cases
Charterers instructing master to discharge without presentation of original bills of lading – deemed indemnity clause – owners held entitled to invoke – mandatory injunction granted to put up security to allow for the release of arrested VLCC The proceedings...
by michael | Mar 31, 2020 | Charter Party Cases
Clause 38 Asbatankvoy form – demurrage claim – “all supporting documents” to include bills of lading The facts The vessel was let on an amended Asbatankvoy form.Clause 38 read in part: “… Any claim/invoice which Owner may have under this Charter Party shall...
by michael | Dec 15, 2019 | Charter Party Cases
Withdrawal – BIMCO non-payment for hire clause not deployable for historic debt The facts The vessel was leton an amended NYPE form incorporating the BIMCO non-payment of hire for charterparties, entitling owners to withdraw the vessel for failure to pay hire...
by michael | Nov 25, 2019 | Charter Party Cases
Notice of Readiness required to be given during office hours – laycan dates falling on Sunday – office hours provision determinative under sub-charter but not under head-charter The facts The vessel was let under a Norgrain 1973 form for two voyages from...
by michael | Sep 17, 2019 | Charter Party Cases
Demand guarantee – Floating Storage and Offloading Facility (FSO) – works relating to covered by a written guarantee given by parent company of the obligee – interpretation of guarantee and compliance decided – 2 Court of Appeal authorities cited as providing...
by michael | May 31, 2019 | Charter Party Cases
BIMCO SupplyTime 2017 Charterparty for Offshore Support Vessels – clause 12 (e) -failure to dispute invoices precludes later recovery for off-hire events The facts Clause 12(e) required charterers to notify owners of disputed amounts in invoices presented and to pay...
