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...
by michael | May 30, 2019 | Charter Party Cases
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...
by michael | Apr 25, 2019 | Charter Party Cases
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...
by michael | Mar 5, 2019 | Charter Party Cases
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...
by michael | Nov 26, 2018 | Charter Party Cases
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...