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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
The Tuyuti - Court of Appeal (Ackner & Robert Goff L.JJ. - 6 April 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:
26 April 1984
Appeared in issue:
117 - 26 April 1984
Interbulk Ltd. v. Aiden Shipping Co. Ltd. (The Vimeira) Court of Appeal (Ackner & Robert Goff L.JJ. - 22 March 1984
The vessel Vimeira
was time-chartered by Aiden Shipping to Interbulk sub-chartered her for a voyage to Ghent. The sub-charterers ordered the vessel to the Rodenhuizedok dock to discharge. After discharge, it was found that the vessel had suffered..
Online Published Date:
26 April 1984
Appeared in issue:
117 - 26 April 1984
Proodos Marine Carriers Co. v. Overseas Shipping & Logistics (The Good Hunter) - U.S.D.C. (S.D.N.Y.) (Haight D.J.) - 10 January 1984
By a maritime contract of affreightment dated 23 June 1983 Overseas Shipping & Logistics (OSL) agreed to furnish a series of cargoes of polyethylene pipe in bundles for carriage in vessels to be supplied by Proodos from Houston to Richards Bay...
Online Published Date:
26 April 1984
Appeared in issue:
117 - 26 April 1984
Sherkate Sahami Khass Auto Pars v M/V Finn Amer (The Finn Amer) - U.S. Ct. of Appeals (3rd Circuit) (Aldisert & Becker C.JJ. & Pollak D.J.) - 19 December 1983
The vessel Finn Amer was owned by a Finnish company and operated by Marine Transport Services (MTS), a New Jersey corporation. At the relevant time, the vessel was under time charter to G Shipping Corpn which was not a party to the present..
Online Published Date:
26 April 1984
Appeared in issue:
117 - 26 April 1984
Allseas Maritime SA v M/V Mimosa, (The Mimosa) - U.S.D.C. (S.D. Texas), (Singleton C.J.) - 574 F Supp 844
The plaintiffs were cargo interests of a cargo of crude oil carried in the vessel Burmah Agate
. The cargo was lost as the result of a collision between the Burmah Agate
and the vessel Mimosa. Although both vessels were joint tortfeasors..
Online Published Date:
26 April 1984
Appeared in issue:
117 - 26 April 1984
6/84
The relevant charterparty clauses provided:
4. Notice of readiness and commencement of laytime
. . . Laytime shall commence . . . at the expiration of 6 running hours after tender of notice of readiness . . . except that any delay to the vessel in..
Online Published Date:
26 April 1984
Appeared in issue:
117 - 26 April 1984