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...