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Commonwealth Petrochemicals, Inc., and Flour Engineers and Constructors, Inc. v. S.S. Puerto Rico and Puerto Rico Maritime Shipping Authority and Leonard Brothers Trucking Co. - Circuit Judges Winter, Butzner and Phillips - U.S. Court of Appeals (4th. Circuit) - Sept. 19, 1979
A transformer was described as one package in a bill of lading which incorporated the provisions of COGSA and limited the carriers’ liability to U.S.$500 per package. The District Court had refused to give effect to the limitation provision..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
Elgie & Co. v. S.S.S.A. Nederburg - U.S. Court of Appeals (2nd Circuit) - June 11, 1979
The United States Court of Appeals for the Second Circuit refused to apply the $500 package limitation of COGSA to a crate of optical machinery conceded to have been lost before loading. The carrier was held liable for full damages on the basis of..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
S.M.A. Award No. 1370
- A charter-party in 1969 was agreed for full cargo scrap United States/Japan. The vessel loaded in January, 1970, and was lost at sea in February, 1970. The charterers paid 90% of the freight per charter-party and 1971 cargo receivers sued in the..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
The American Sioux - Lord Denning, M.R., Lord Justice Bridge and Sir David Cairns - C.A. - Dec. 12, 1979
The Court of Appeal have reversed the decision of Mr. Justice Sheen in The American Sioux
(See Issue No. 2). The shipowners were appealing against the decision, which found inter alia
, that s.27 of the Arbitration Act 1950 was not applicable to a..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
M/V Stoomv Maats “De Maas” v. Nippon Yusen Kaisha (The Pendrecht) - Mr. Justice Parker - Q.B. (Com.Ct.) - Dec. 6, 1979
An arbitration was commenced by owners claiming in respect of damage to their vessel on Jan. 9, 1971. The Baltime 1939 charter-party provided for arbitration in London, one arbitrator to be nominated by the owners and the other by the charterers,..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979
Nereide S.p.A. di Navigazione v. Bulk Oil International Ltd. (The Laura Prima) - Mr. Justice Mocatta - Q.B. (Com.Ct.) - Dec. 10, 1979
Disputes arose as to the calculation of laytime under an Exxonvoy 1969 charter-party. The umpire in the arbitration had found that the sole cause of the delay to the ship getting into berth was unavailability due to the presence of other ships and..
Online Published Date:
20 December 1979
Appeared in issue:
4 - 20 December 1979