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Gewa Chartering BV v. Remco Shipping Lines Ltd. (The Fortuna I) - Q.B.D. (Com.Ct.) (Webster J.) - 9 February 1984
In this case, Webster J. had to consider Article 127, paragraph 2 of Bowstead on Agency
(14th edition), which reads:
Where a person who enters into a contract professedly as an agent is in fact the real principal, he may perhaps sue on the..
Online Published Date:
12 April 1984
Appeared in issue:
116 - 12 April 1984
Nippon Yusen Kaisha v. Alltrans Group of Canada Ltd. - Q.B.D. (Com.Ct.) (Neill J.) - 20 February 1984
At a recent London Arbitration, there was a dispute as to whether the words “. . . charterers to provide and pay for all the fuel . . .” in clause 2 of the NYPE form imposed a strict liability on the charterers with respect to the..
Online Published Date:
12 April 1984
Appeared in issue:
116 - 12 April 1984
Van Ekris v. S.S. Rio Paraguay - 573 F.Supp. 1475 (S.D.N.Y. 1983) (Leval D.J.)
The plaintiffs were purchasers and consignees of 10 shipments of coffee totalling 8,500 bags. The plaintiffs had contracted with a shipper at Paraguay to purchase these shipments on a c. & f. basis. The coffee was to be shipped from Asuncion,..
Online Published Date:
12 April 1984
Appeared in issue:
116 - 12 April 1984
Polish Steamship Co. v. Atlantic Maritime Co. (The Garden City) - Court of Appeal (Eveleigh, Kerr & Griffiths L.JJ.) - 4 April 1984
In 1969 the vessel Zaglebie Debrowski (ZD)
collided with the vessel Garden City (GC)
. Subsequently, ZD
was held to be 60% to blame and GC
40% to blame.
ZD
was entitled to limit liability to a figure based on the vessel’s tonnage. (Section..
Online Published Date:
12 April 1984
Appeared in issue:
116 - 12 April 1984
Cordoba Shipping Co. Ltd. v. National State Bank, Elizabeth, New Jersey (The Albaforth) - Ct. of Appeal (Ackner & Robert Goff L.JJ.) - 29 March 1984
Cordoba owned the vessel Albaforth. On 5 September 1979 the owners chartered the vessel to a Liberian company. The fixture was negotiated and concluded in London on the NYPE form. The charterparty provided that disputes should be settled by..
Online Published Date:
12 April 1984
Appeared in issue:
116 - 12 April 1984
The Tuyuti Q.B.D. (Adm.Ct.) (Sheen J.) - 29 March 1984
Plaintiff cargo owners instituted English proceedings against the owners of the Tuyuti
in respect of lost and damaged cargo shipped under two bills of lading. On the day the writ was issued, the plaintiffs obtained a warrant for the arrest of the..
Online Published Date:
12 April 1984
Appeared in issue:
116 - 12 April 1984
Marine Contractors Inc. v. Shell Petroleum Co. of Nigeria Ltd. - Ct. of Appeal (Ackner & O’Connor L.JJ.) - 24 February 1984
The relevant contract provided:
Arbitration shall be conducted in London under the Rules of the International Chamber of Commerce. The governing law shall be that of Nigeria.
- An arbitration was held, and the arbitrator made an interim award. The..
Online Published Date:
12 April 1984
Appeared in issue:
116 - 12 April 1984