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BVS S.A. and other v. Kerman Shipping Co. S.A. (The Kerman) - Q.B.D. (Com.Ct.) (Parker J.) - 16 October 1981
Mr. Justice Parker, the Judge in charge of the Commercial List, has given his interpretation of how the Nema guidelines (see LMLN 45 - 23 July 1981) should be applied when deciding whether to give leave to appeal from an arbitration award under the..
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
BVS S.A. and other v. Kerman Shipping Co. S.A. (The Kerman) (see above)
Having dealt with The Nema
guidelines, Parker J. went on to apply them to the facts of the case before him. The appellants had shipped 56 packages of pipe sections on board the vessel Kerman
owned by the respondents for carriage to Khorramshahr...
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
Actis Co. Ltd. v. The Sanko Steamship Co. Ltd. (The Aquacharm) - Court of Appeal (Lord Denning M.R., Shaw and Griffiths L.JJ.) - 15 October 1981
In October 1971 the Aquacharm
was time-chartered by Sanko on the NYPE form to carry a cargo of coal from Baltimore to Tokyo. The charterers ordered her to load up to the draught “permissible by the Panama Canal Company of 39 ft. 6 ins...
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
Portunus Navigation Co. Inc. of Liberia v. Avin Chartering S.A. of Panama (The World Prestige) - Q.B.D. (Com.Ct.) (Parker J.) -
29 September 1981
The applicants chartered the vessel World Prestige
from the respondent owners under a tanker voyage charterparty dated 1 June 1979. Two points arose. Clause 7 of the charter provided that if any cargo remained on board after..
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
Astro Valiente Compania Naviera S.A. v. Government of Pakistan Ministry of Food and Agriculture (The Emmanuel Colocotronis) - Q.B.D. (Com.Ct.) (Staughton J.) - 20 October 1981
The appellant Ministry were receivers of a cargo of wheat carried in the vessel Emmanuel Colocotronis
owned by the respondents. The cargo was shipped under a bill of lading which contained a clause listing excepted perils and then the wording:
Unto..
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981
Kuhne & Nagel A.G. Zurich v. APA Distributors [1981] (3) S.A.I.R. (O’Donovan J.)
The plaintiff was a Swiss forwarding agent who issued proceedings in South Africa for the recovery of fees for arranging the shipment of a crane belonging to the defendant, a South African importer of engineering equipment. The claim arose out of a..
Online Published Date:
29 October 1981
Appeared in issue:
52 - 29 October 1981