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Antaios Compagnia Naviera S.A. v. Salen Rederierna A.B. (The Antaios (No. 2)) - House of Lords (Lord Diplock, Lord Keith, Lord Scarman, Lord Roskill and Lord Brandon) - 26 July 1984
The House of Lords has impliedly criticised the English commercial Bar and the lower courts for failing to comply with the spirit of the Arbitration Act 1979 and The Nema
guidelines. Basically, there are still too many appeals from arbitration..
Online Published Date:
02 August 1984
Appeared in issue:
124 - 02 August 1984
Oxford Shipping Co. Ltd. v. Nippon Yusen Kaisha (The Eastern Saga) - Q.B.D. (Com.Ct.) (Leggatt J.) - 26 June 1984
This was apparently the first case to decide the question whether arbitrators have power or jurisdiction to order the concurrent hearing of two arbitrations without the consent of the parties to those arbitrations. The plaintiffs were the owners of..
Online Published Date:
02 August 1984
Appeared in issue:
124 - 02 August 1984
Evmar Shipping Corpn. v. Japan Line Ltd. - Q.B.D. (Com.Ct.) (Leggatt J.) - 19 June 1984
In 1976 a vessel was re-delivered to her owners by charterers. Some fifteen months later, in June 1977, the owners notified the charterers of a claim for stevedore damage. In October 1977 the charterers, having investigated the matter so far as they..
Online Published Date:
02 August 1984
Appeared in issue:
124 - 02 August 1984
Two Arrows Maritime & Port Services Ltd. and Anr. v. Dorval Tankships Pty Ltd. (The Argen Puma) - Court of Appeal (Eveleigh, Fox and Kerr L.JJ.) - 27 July 1984
In July 1978 Pakistan Edible Oils Corpn. (PEOC) agreed to buy palm oil from Socoil Corpn. “C & F free out Karachi”. Socoil shipped the oil on board the vessel Argen Puma
at Port Kelang. The defendants (Two Arrows) were the owners of..
Online Published Date:
02 August 1984
Appeared in issue:
124 - 02 August 1984
Rhesa Shipping Co. S.A. v. Edmunds & anr. (The Popi M) - Court of Appeal (Sir John Donaldson M.R., O’Connor and May L.JJ.) - 20 July 1984
The vessel Popi M
was 28 years old when she suddenly sank in the Mediterranean in near perfect weather conditions with no other vessel in sight. The shell plating in way of the engine room suddenly opened up allowing a jet of sea water to enter...
Online Published Date:
02 August 1984
Appeared in issue:
124 - 02 August 1984
Transmeridian Maritime Services Ltd. v. The owners of the Gulf Venture - Q.B.D. (Sheen J.) - 16 July 1984
The vessel Gulf Venture
was owned by Gulf Maritime (Cyprus) Ltd., a company incorporated in Cyprus. She was operated on behalf of her owners by managers and agents. A company called Gulf Lines Ltd., incorporated in Liberia, contracted with..
Online Published Date:
02 August 1984
Appeared in issue:
124 - 02 August 1984
Empresa Cubana Importadora de Alimentos v. Iasmos Shipping Co. S.A. (The Good Friend) - Q.B.D. (Com.Ct.) (Staughton J.) - 26 July 1984
The vessel loaded a cargo of soyabean meal at Hamilton, Ontario, for carriage to Havana. Before the soyabean meal could be discharged at Havana it was found to be suffering from insect infestation. The Cuban authorities prohibited discharge. Delays..
Online Published Date:
16 August 1984
Appeared in issue:
125 - 16 August 1984
Linnett Bay Shipping Co. Ltd. v. Patraicos Gulf Shipping Co. S.A. (The Al Tawfiq) - Q.B.D. (Com.Ct.) (Lloyd J.) - 30 July 1984
The issue before the Court concerned the inter-relation of clauses 4 and 14 of the Norwegian Saleform.
Clause 4:
The vessel shall be delivered and taken over at a safe berth or anchorage in Karachi or Bombay (port in sellers’ option) within 31..
Online Published Date:
16 August 1984
Appeared in issue:
125 - 16 August 1984
12/84
“According to the 1982 edition of Time Charters
by Wilford et al.
, the point at dispute in this arbitration has yet to come before the English Courts. It has surfaced in some American arbitration awards and has been argued in at least a few..
Online Published Date:
16 August 1984
Appeared in issue:
125 - 16 August 1984
13/84
“The charterparty was on the Asbatankvoy form and provided:
Discharging port(s)
:
one/two safe port(s) European Mediterranean or
one/two safe port(s) United Kingdom Continent - Scandinavia within IWL.
- The short question put to us is whether..
Online Published Date:
16 August 1984
Appeared in issue:
125 - 16 August 1984
Luria Bros. & Co. Inc. v. Alliance Assurance Co. et al. (The Agios Giorgis) - U.S. Dist.Ct. (S.D.N.Y.) (Brieant J.) - 12 July 1984
In July 1979 the plaintiffs (charterers) time-chartered the vessel Agios Georgis
from her owners on the NYPE form for the carriage of “scrap . . . including turnings which if loaded shall be chemically treated”. The defendants were..
Online Published Date:
30 August 1984
Appeared in issue:
126 - 30 August 1984
Weyerhaeuser Co. v. Western Seas Shipping Co. & Ors. - U.S. Ct. of Appeals (9th Circ.) (Wallace, Skopil & Norris C.JJ.) - 22 June 1984
The defendant owners time-chartered two vessels to the plaintiff charterers. The charterers subsequently sub-chartered the vessels to the second defendants. A dispute arose concerning cargo stowage restrictions.
Under the standard arbitration clause..
Online Published Date:
30 August 1984
Appeared in issue:
126 - 30 August 1984
14/84
A recent London arbitration dealt with something of a novel point. The question was a short and simple one. The vessel was chartered on the Baltime form. Expenses were incurred by the owners for cleaning the ship’s sludge tanks. The owners..
Online Published Date:
30 August 1984
Appeared in issue:
126 - 30 August 1984
Olympia Sauna Shipping Co. S.A. v. The President of India (The Ypatia Halcoussi - Q.B.D. (Com.Ct.) (Hirst J.) - 29 June 1984
Clause 1 of the charterparty provided:
That the said vessel . . . shall . . . proceed to one, two, three, or four safe ports, one or two safe berths, each in the US North Pacific (Columbia River District, including Portland and Pueget Sound..
Online Published Date:
30 August 1984
Appeared in issue:
126 - 30 August 1984
Samos Shipping Enterprises Ltd. v. Eckhard & Co. K.G. (The Nissos Samos) - Q.B.D. (Com.Ct.) (Leggatt J.) - 12 July 1984
This was a preliminary question of law to decide whether a contract for the sale of the vessel Nissos Samos
for scrap had been concluded. In the course of his decision, Leggatt J. stated obiter
:
In my judgment, even when on 23 April agreement in..
Online Published Date:
30 August 1984
Appeared in issue:
126 - 30 August 1984
N.V. Bocimar S.A. v. Century Insurance Co. of Canada (The Hasselt) - Fed.Ct. of Appeal (Pratte, Marceau & Hugesson JJ.) - 7 June 1984
The plaintiff owners of the vessel Hasselt
sued the defendant insurers of the cargo owners for a general average claim relating to expenses incurred as a result of a fire on board the vessel. At first instance (see LMLN 66 - 13 May 1982) the trial..
Online Published Date:
30 August 1984
Appeared in issue:
126 - 30 August 1984