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...
