i-law.com - Newsletter (Lloyd's Maritime Law Newsletter)

Continental Grain Co. v. Islamic Republic of Iran Shipping Lines and the Government Trading Corporation of Iran (The Iran Bahonar) - Court of Appeal (Ackner and Oliver L.JJ.) - 30 July 1983

What happens when a cargo owner whose goods are about to be discharged fears that his goods may fall into wrong hands on delivery at the discharge port? Can the shipowner be forced to discharge the cargo at another safe port not named in the bill of..

Online Published Date: 01 September 1983

Appeared in issue: 100 - 01 September 1983

The Pindaros - Q.B.D. (Adm.Ct.) (Sheen J.) - 29 July 1983

In order to reduce pilferage to a minimum and to ensure that duty was paid on all goods, destined for India whether landed lawfully or otherwise, the Indian Customs Act 1962 provided that the master of a ship was liable to pay a penalty in respect..

Online Published Date: 01 September 1983

Appeared in issue: 100 - 01 September 1983

Regal Scout No. 1 - Fed.Ct. (Walsh J.) - 12 April 1983

The vessel was time chartered on New York Produce form providing for London arbitration. The vessel was chartered for a voyage from Vancouver to Japan for the carriage of a cargo of grain on Baltimore Form C terms providing for Tokyo arbitration...

Online Published Date: 01 September 1983

Appeared in issue: 100 - 01 September 1983

Regal Scout No. 2 - Fed.Ct. (Cattanach J.) - 13 May 1983

The shipowner made application to stay the proceedings in the Federal Court of Canada on the ground that the bill of lading contained a Japanese forum clause. By evidence adduced it was established that on the current state of Japanese law the Tokyo..

Online Published Date: 01 September 1983

Appeared in issue: 100 - 01 September 1983

The Artemis - Hong Kong Court of Appeal (Huggins V.-P. and Barker J.A. - 8 July 1983

The vessel Artemis was owned by Artemis Transport Corporation (Artemis), a Liberian registered company, and managed by Barber Ship Management Ltd. (Barbers), a company registered in Hong Kong. On 29 December 1980 the vessel sank somewhere to the..

Online Published Date: 01 September 1983

Appeared in issue: 100 - 01 September 1983

The Atlantic Song - Q.B.D. (Adm.Ct.) (Sheen J.)

The plaintiff cargo owners claimed damages from the defendant owners of the vessel Trotter in respect of alleged damage to a cargo of cars being carried from Southampton to Yokohama. As security for the claim, the plaintiffs detained the..

Online Published Date: 01 September 1983

Appeared in issue: 100 - 01 September 1983

The Atlantic Saga - Fed.Ct. (Decary J.) - 7 July 1983

The plaintiff cargo interests brought proceedings against the defendant carrier in respect of a cargo of wire carried on board the vessel Atlantic Saga . The defendants had delivered the wire to the notify party appearing on the bill of lading (DC..

Online Published Date: 15 September 1983

Appeared in issue: 101 - 15 September 1983

The Ultra Processor No. 1 - Supreme Ct. of Brit. Columbia (McLachlin J.) - 15 July 1983

Those having an interest in a large fish processing barge instructed their broker to arrange hull and machinery as well as loss of profits insurance coverage. The broker arranged the coverage using the offices of intermediaries in both Vancouver and..

Online Published Date: 15 September 1983

Appeared in issue: 101 - 15 September 1983

Weyerhaeuser Co. v. Western Seas Shipping Co. & Ors. U.S. District Court Northern District of California (Judge William W. Schwarzer) - 19 August 1983

Charterparty disputes frequently arise in situations where an owner has time-chartered his vessel and the time-charterer has in turn sub-chartered the vessel to a third party. Where both the head charter and the sub-charter provide for arbitration,..

Online Published Date: 15 September 1983

Appeared in issue: 101 - 15 September 1983

Dixie Machine Welding and Metal Works Inc. v. The M/V Andino - 1983 AMC 1166

In February 1979 the plaintiffs performed repairs to the vessel Andino at the request of the owners’ general agent - Uiterwyk Corporation. The value of the work done was $11,090. In April 1979 the plaintiffs learned that Uiterwyk was no longer..

Online Published Date: 15 September 1983

Appeared in issue: 101 - 15 September 1983

Sigval Bergesen v. Joseph Muller Corpn. - U.S. Ct. of Appeals (2nd Circuit) Feinberg C.J., Cardamone and Pierce C.JJ.) - 17 June 1983

Sigval Bergesen, a Norwegian shipowner and Joseph Muller Corporation, a Swiss company, entered into three charterparties in 1969, 1970 and 1971. The 1969 and 1970 charters provided for the transportation of chemicals from the US to Europe. The 1971..

Online Published Date: 29 September 1983

Appeared in issue: 102 - 29 September 1983

The Houda Pearl - Natal Provincial Division (Howard J.) - 1983(3) SALR 421

This was an action in rem by Filipino seamen for wages due and payable to them by the owner of the Cyprus registered vessel Houda Pearl . In October 1978, while the vessel’s sister ship Houda Star was in the Italian port of La Spezia, the..

Online Published Date: 29 September 1983

Appeared in issue: 102 - 29 September 1983

9/83

The vessel was chartered to carry a cargo of fuel oil from the Caribbean to one Far East port. The charter provided that the ship was to perform the voyage via the Panama Canal and that a lump sum freight of $700,000 was payable upon delivery of the..

Online Published Date: 29 September 1983

Appeared in issue: 102 - 29 September 1983

Grafton Shipping Panama S.A. v. Mobil Tankers Co. (Liberia) Ltd. (The Olympic Armour and Olympic Breeze - S.M.A. No. 1840 (1983)

This was a consolidated arbitration arising from two separate time charters. The Olympic Armour charter was dated 30 April 1966, while the Olympic Breeze charter was dated 8 February 1977. The issue was whether the shipowners were entitled to be..

Online Published Date: 29 September 1983

Appeared in issue: 102 - 29 September 1983