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 HandyMax team, entered into negotiations for the carriage of HBI […]
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 Hoegh and Petrolsea of a Liberian vessel for carriage […]
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 pirates from charterers – and even if the Gulf […]
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 sub-voyage charters. Master clausing bills of lading and refusing to […]
Defective nomination of vessel – may be cured by timeous valid nomination and therefore not amounting to breach of condition The facts Contract of sale – Ukranian feed corn FOB 1 safe berth/1 safe Ukrainian port, Yuzhny, Odessa or Chernomorsk. (Sale concluded on a rising market – incentive for sellers to cancel). The general provisions […]
Nature of demurrage: liquidated damages for detention – where delay by charterers causes damage of a type different from loss of use of vessel, general damages also available – question of law determined under s45 of the Arbitration Act 1996 The facts Voyage charterparty. Norgrain form. Heavy grain, Soya or Sorghum in dry bulk carrier. […]
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 […]