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London Arbitration 13/08
(2008) 753 LMLN 4
The vessel was chartered on the NYPE form. Receivers of cargo brought cargo claims against the shipowners under clean bills of lading. The shipowners commenced arbitration proceedings against the charterers, saying that the bills..
Online Published Date:
01 October 2008
Appeared in issue:
753 - 01 October 2008
Asbestosis Claimants v American Steamship Owners Mutual Protection and Indemnity Association Inc – US Court of Appeals (2nd Circuit) (Miner, Leval and Pooler Ct JJ) – 19 June 2008
(2008) 753 LMLN 3
The defendant was the liability insurer of bankrupt shipping line Prudential Lines Inc. Many thousands of Prudential’s former employees (“the claimants”) suffered illness or injury in the course of their..
Online Published Date:
01 October 2008
Appeared in issue:
753 - 01 October 2008
Progress Bulk Carriers Ltd v Sylvia Shipping Co Ltd and Anr (The “Sylvia”) – High Court (Natal Provincial Division) (Levinsohn DJP) – 1 April 2008
(2008) 753 LMLN 2(2)
The vessel Sylvia was chartered by her owners, Sylvia Shipping, to charterers Progress Bulk Carriers. The charterparty contained a London arbitration clause. Disputes arose under the charter and the charterers commenced..
Online Published Date:
01 October 2008
Appeared in issue:
753 - 01 October 2008
United Enterprises Corporation and Anr v STX Pan Ocean Co Ltd (The “Wisdom C”) – Supreme Court of South Africa (Scott, Farlam, Cloete, Combrinck JJA and Hurt AJA) – 27 March 2008
(2008) 753 LMLN 2
The vessel Wisdom C was chartered by her owners, United Enterprises Corporation, a Marshall Islands company, to charterers STX Pan Ocean, a South Korean company. The charterparty contained a London arbitration clause. Disputes..
Online Published Date:
01 October 2008
Appeared in issue:
753 - 01 October 2008
Mazda Canada Inc v Mitsui OSK Lines Co Ltd and Ors (The “Cougar Ace”) – Federal Court of Appeal (Linden, Sharlow and Trudel JJA) – 19 June 2008
(2008) 753 LMLN 1
On 25 July 2006 the vessel Cougar Ace was some 350 kilometres south of the Aleutian Islands when she developed a severe list while engaged in a routine ballasting operation and had to engage the services of salvors. She had set..
Online Published Date:
01 October 2008
Appeared in issue:
753 - 01 October 2008
Intraline Resources Sdn Bhd v The owners of the ship “Hua Tian Long” – Court of First Instance (Stone J) – 14 May 2008
(2008) 754 LMLN 4
The plaintiff arrested the Hua Tian Long, a large floating derrick/crane with very substantial lifting ability. The plaintiff was a Malaysian company which had concluded a charterparty with the defendant owners on 1 February 2007...
Online Published Date:
15 October 2008
Appeared in issue:
754 - 15 October 2008
Timberwest Forest Corporation v Pacific Link Ocean Services Corporation and Others (The “Sea Commander” and “Ocean Oregon”) – Federal Court (Harrington J) – 25 June 2008
(2008) 754 LMLN 3
In 2003 Timberwest contracted with Harwood Products Inc to sell a quantity of logs to Harwood. Financially, the contract was FOB Timberwest’s storage yards in the sense that Harwood arranged for transportation to Eureka,..
Online Published Date:
15 October 2008
Appeared in issue:
754 - 15 October 2008
Emirates Airlines Direktion für Deutschland v Schenkel – European Court of Justice (Lenaerts P, Arestis, Silva de Lapuerta, Malenovsky and von Danwtz JJ) – 10 July 2008
(2008) 754 LMLN 2
This was a reference for a preliminary ruling concerning the interpretation of article 3(1)(a) of Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding..
Online Published Date:
15 October 2008
Appeared in issue:
754 - 15 October 2008
Statoil ASA v Louis Dreyfus Energy Services LP (The “Harriette N”) – QBD (Com Ct)(Aikens J) – 29 September 2008
(2008) 754 LMLN 1
In August 2006 the claimant sellers (“Statoil”) entered into negotiations with the defendant buyers (“LD”) for the sale of a cargo of 32,000 liquid propane gas on cif terms.
On 2 August Statoil made a firm..
Online Published Date:
15 October 2008
Appeared in issue:
754 - 15 October 2008