by michael | Jul 22, 2018 | Charter Party Cases
Time bar – back to back VCP’s – notice of claim for cargo damage served on cusp of expiry date – too late for voyage charterers to pass down in time – court willing to grant extension in terms of section 12 of the Arbitration Act 1996 provided parties acted...
by michael | May 25, 2018 | Charter Party Cases
Binding effect of non-variation except in writing clause endorsed by the UKSC The facts Rock Advertising Ltd entered into a contractual licence with MWB to occupy office space at Marble Arch Tower in Bryanston Street, London W1, for a fixed term of 12 months. The...
by michael | May 15, 2018 | Charter Party Cases
Cargo damage – interpretation of NYPE ICA The Facts Agile Holdings Corporation let the vessel to Essar Shipping Ltd on a time charter for a single trip from Tunisia to India via Trinidad. The cargo was a consignment of direct reduced iron and the charter was on the...
by michael | May 10, 2018 | Charter Party Cases
Straight bill of lading held to qualify as a bill of lading for the purposes of the Hague Visby Rules The facts Four containers of printing machinery were damaged in the course of their carriage by sea from Felixstowe to Boston, USA. No document was issued to record...
by michael | Apr 17, 2018 | Charter Party Cases
Associated ship arrest provisions of the South African AJRA – when “action is commenced” The facts Two German single-ship owning companies arrested this vessel as an associated ship in respect of charter claims against Hanjin as it was going into...
by michael | Apr 12, 2018 | Charter Party Cases
Proceedings in rem – properly brought by issue of writ and not affected by subsequent change of ownership of the vessel The facts In November 1966, the plaintiffs, cargo owners, issued a writ in rem against the owners of the vessel, Smith Rederi Aktiebolaget,...
