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The Lusitania - Q.B.D. (Adm.Ct.) (Sheen J.) - 29 November 1985
The claimants had performed salvage operations on the wreck of the Lusitania
, sunk in 1915 by submarine U-20 of the Imperial German Navy outside U.K. territorial waters. Some 94 items were salved by the claimants. Some of the items were part of the..
Online Published Date:
05 December 1985
Appeared in issue:
159 - 05 December 1985
Tradax Export S.A. v. Italgrani Di Francesco Ambrosia (The Belgrano) - Court of Appeal (Kerr, Stephen Brown and Ralph Gibson L.JJ.) - 20 November 1985
The buyers agreed to buy 4750 tons of sbm from the sellers f.o.b. at $197 per ton for shipment by 31 March 1975. The contract provided that delivery was to be at one Gulf port at sellers’ option; that buyers were to give 15 days loading..
Online Published Date:
05 December 1985
Appeared in issue:
159 - 05 December 1985
European Grain & Shipping Ltd. v. Dansk Landbrugs Grovvareslskab - Q.B.D. (Com.Ct.) (Leggatt J.) - 1 November 1985
Section 27 of the Arbitration Act 1950 gives the court a discretion to extend the time for commencing arbitration proceedings “where the terms of an agreement to refer future disputes to arbitration provide that any claim to which the..
Online Published Date:
05 December 1985
Appeared in issue:
159 - 05 December 1985
Gulf Oil Trading Co. v. The Fund Comprising the Proceeds of the Sale of The Emerald Transporter - Full Bench (Natal Provincial Division) (Milne J.P., Leon A.D.J.P. and Howard J.) - 14 June 1985
The vessel Emerald Transporter
was owned by Outer Ocean Navigation Corporation Ltd., a member of the Eddie Steamship group of companies. The order for the sale of the Emerald Transporter
was granted at the instance of Mitchell Cotts Maritime..
Online Published Date:
05 December 1985
Appeared in issue:
159 - 05 December 1985
The Sea Witch - United States District Court (S.D.N.Y.) (Tenney J.) - 22 October 1985
Shortly after midnight on 2 June 1973 the container vessel Sea Witch
owned by American Export Lines Inc. (“AELI”) was proceeding out of New York harbour at full manoeuvering speed when she lost control of her steering (due to a faulty..
Online Published Date:
05 December 1985
Appeared in issue:
159 - 05 December 1985
Cunard Steamship Company v. Salén Reefer Services AB, United Brands Company, garnishee - U.S. Court of Appeals (2nd Circuit) - September 1985
On 19 December 1984 Salén commenced a bankruptcy proceeding in the Stockholm City Court. In accordance with Swedish law, an interim administrator was appointed to supervise the affairs of the bankrupt, and creditor actions against the debtor..
Online Published Date:
05 December 1985
Appeared in issue:
159 - 05 December 1985
Food Corporation of India v. Antclizo Shipping Corporation (The Antclizo) - Q.B.D. (Com.Ct.) (Anthony Evans J.) - 31 October 1985
Disputes arose under a voyage charterparty dated 20 October 1973. The claimants appointed their arbitrator in December 1974. The respondents appointed their arbitrator in January 1975. In March 1975 the respondents sent a laytime statement showing..
Online Published Date:
19 December 1985
Appeared in issue:
160 - 19 December 1985
Commonwealth Smelting Ltd. v. Guardian Royal Exchange Assurance Ltd. - Court of Appeal (Ackner, Stephen Brown and Parker L.JJ.) - 26 November 1985.
The plaintiffs operated a smelting works at Avonmouth. The works were insured by the defendants against:
- Destruction or damage (by fire or otherwise) of or to the property insured directly caused by:
1. Explosion, but..
Online Published Date:
19 December 1985
Appeared in issue:
160 - 19 December 1985
King’s Shipping Trading Co. v. M/S L.S. Line and Others (The Cherry Orient) (Appellate Division)
The decision of the High Court of Bangladesh (Admiralty Jurisdiction) in “The Cherry Orient”
summarised in LMLN 156 24 October 1985 to the effect that there was no jurisdiction to arrest a “sister ship” in Bangladesh has..
Online Published Date:
19 December 1985
Appeared in issue:
160 - 19 December 1985
13/85
The point in issue in this arbitration was whether, under the Asbatankvoy form of charter, time spent shifting from a customary place of anchorage to a discharging berth counted if the ship was already on demurrage at the time the shifting operation..
Online Published Date:
19 December 1985
Appeared in issue:
160 - 19 December 1985
14/85
Oil sale contracts, whether f.o.b. or c.i.f., can often give rise to problems of construction, particularly with regard to demurrage provisions. The present arbitration arose out of disputes under a contract concluded by telex exchange. The sellers..
Online Published Date:
19 December 1985
Appeared in issue:
160 - 19 December 1985
15/85
The arbitration summarized above was also concerned with a dispute as to the period
of demurrage. The relevant contractual terms (viz
the oil producer’s general terms and conditions) provided that total laytime allowed for loading should be..
Online Published Date:
19 December 1985
Appeared in issue:
160 - 19 December 1985