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London Arbitration 18/17
Charterparty
– Voyage charter – Owners complying with charterers’ orders not to load cargo –
Whether owners entitled to recover expenses incurred in complying with orders –
Whether accord and satisfaction – Whether owners entitled to remuneration for
performing extra-contractual service – Whether vessel at customary anchorage –
Rate of remuneration
Online Published Date:
08 June 2017
Appeared in issue:
979 - 09 June 2017
Gard Shipping AS v Clearlake Shipping Pte Ltd (QBD Comm Ct) (Sir Jeremy Cooke sitting as a Deputy High Court Judge) [2017] EWHC 1091 (Comm) – 12 May 2017
Charterparty
– Demurrage – Bunkers consumed – Charterparty clause giving liberty to
charterers to instruct vessel “to stop and wait for orders” in which event
charterer to pay demurrage at escalated rate and value of bunkers consumed –
Whether clause applied where vessel waited over 64 days at discharge port after
giving notice of readiness
Online Published Date:
08 June 2017
Appeared in issue:
979 - 09 June 2017
OMV Petrom SA v Glencore International AG – Court of Appeal (Sir Geoffrey Vos, Chancellor, Kitchin and Floyd LJJ) [2017] EWCA Civ 195 – 27 March 2017
Practice
– Costs – Defendant rejecting claimant’s Part 36 offer – Claimant beating offer
at trial – CPR 36 providing for award of enhanced interest on judgment sum and
on costs – Whether provisions for enhanced interest entirely compensatory
Online Published Date:
08 June 2017
Appeared in issue:
979 - 09 June 2017
Glencore International AG v MSC Mediterranean Shipping Co SA – Court of Appeal (Lewison and Henderson LJJ and Sir Christopher Clarke) [2017] EWCA Civ 365 – 24 May 2017
Carriage
of goods by sea – Bill of lading providing for bill to be surrendered in
exchange for the goods or a “Delivery Order” – Carrier providing shipper’s
agents with “Release Note” containing PIN code in accordance with electronic
release system in use at discharge port – Whether “Release Note” was a “Delivery
Order” – Goods misappropriated – Whether carrier in breach of contract
Online Published Date:
08 June 2017
Appeared in issue:
979 - 09 June 2017