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 for Court, inter alia, whether damages for detention at market rate higher than demurrage rate […]
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 proceeded to arrest the vessel. Shortly thereafter a ban on the landing of maize […]
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 in and out. The cargo shall be pumped into […]
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 year period to carry coal between the USA and Europe. […]
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 on behalf of the buyers to extend the delivery date. The buyers […]
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 replacement voyage in a falling market. Nautica relied on repudiatory breach by […]
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 Clive Aston. A voyage charterparty with an arbitration clause had […]
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 A Trafigura subsidiary, as claimant sought an urgent mandatory injunction against a Gunvor subsidiary, Clearlake Shipping, […]
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 be waived and absolutely barred, if claim/invoice and all supporting documents are […]
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 timeously. Hire was US$9000 per day payable every 15 days (ie US$ 130 652) in […]
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 South America to China and sub-let on a Baltimore Form C Berth Grain […]
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 assistance in determining whether guarantees were “demand” or secondary obligation “see to it” guarantees […]
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 undisputed amounts . Clause 12(g) provided for an audit of the owners’ books of account […]
FOB sale – payment obligation on buyers to pay into account nominated by sellers – buyers’ email account hacked resulting in payment to incorrect account – buyers liable for loss suffered by sellers The facts 5000 metric tonnes of Romanian sunflower meal was sold FOB Galati, Romania. Payment was to be in cash within 2 […]
Capture by pirates connected to Gulf of Aden crossing an off-hire event – construction of special clauses The facts The vessel was time chartered back to back with a time charter trip on top. The vessel was ordered to load iron-ore for carriage from the Ukraine to Xiamen, China. The vessel transited Suez and the […]
Clause 9A BARECON ’89 – obligation to maintain vessel in class an innominate term and not a condition The facts The vessel was classed by Bureau Veritas. On 17 October 2012 the vessel was let for 15 years . Her class certificates expired on 6 November 2017 while the vessel was in dry dock for […]
Clause 21 GAFTA 100 – prohibition affecting loadport chosen by sellers – no proof that they could not have, by reasonable endeavours, obtained goods from another port within the agreed range The facts Warinco sold 1000 tonnes soya bean meal to Fritz, CIF Weser ex Mediterranean port. Warinco had bought 2000 tonnes of meal shipped […]
Laytime and demurrage – oil tanker arriving after cancelling date and rejected twice for dirty tanks – charterers electing not to cancel, missing turn in regulated allocation of gasoil – delay for the account of the charterers The facts Asbatankvoy form with amendments. Loadport Sikka, India. Cargo, gasoil. By the time the vessel had arrived […]
Force Majeure clause – contract of affreightment – charterers not able to perform for reasons other than the force majeure event not entitled to rely on clause – substantial damages awarded on appeal to the Court of Appeal The facts A long term contract of affreightment was entered into between Classic Maritime, ship owners, and […]
Arbitration – long delay by claimant in prosecuting claim – application by defendant for injunction refused The facts In August 1964, Bremer Vulkan agreed to build 5 bulk carriers for South India Shipping. The contract was governed by German law and contained a London arbitration clause. There was a 12 month guarantee. The last of […]