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Hughes Drilling Fluids v. M/V Luo Fu Shan - 852 F.2d 840 (5th Cir. 1988)
The vessel Luo Fu Shan
was damaged in a storm on a voyage from China to the United States. Before the casualty, Hughes Drilling Rig Fluids (“Hughes”) purchased a portion of the cargo from Guangzhou Maritime Transport Bureau of China..
Online Published Date:
08 April 1989
Appeared in issue:
246 - 08 April 1989
8/89
The following extract from a recent arbitration award may be of interest in showing how London arbitrators have approached the question of awarding interest in the case of a settlement concluded after the arbitrators were appointed.
The matters..
Online Published Date:
08 April 1989
Appeared in issue:
246 - 08 April 1989
9/89
The charterparty was on the NYPE form and provided that the charterers were to pay for any hold cleaning performed by the vessel between voyages. The relevant part of the clause read:
After completion of each single voyage under this charterparty..
Online Published Date:
08 April 1989
Appeared in issue:
246 - 08 April 1989
Bank of Nova Scotia v. Hellenic Mutual War Risks Association Ltd. (The Good Luck) - Court of Appeal (May, Ralph Gibson & Bingham L.JJ.) - 22 March 1989
The vessel Good Luck
was entered in the Hellenic Mutual War Risks Association (Bermuda) Ltd. which was managed by Thomas R. Miller & Son. The vessel was mortgaged to the plaintiff bank. The club were given notification of assignment and, in a..
Online Published Date:
08 April 1989
Appeared in issue:
246 - 08 April 1989
J.K. Buckenham Ltd. v. Iron Trades Mutual Insurance Co. Ltd. and others - Q.B.D. (Com.Ct.) (Kenneth Rokison Q.C. sitting as a Deputy Judge of the High Court) - 27 February 1989
The plaintiffs engaged the defendants to place quota share reinsurance with Compania de Seguros Imperio (“Imperio”) for various years up to and including 1981. From late 1981 Imperio failed to pay claims made against them under the..
Online Published Date:
08 April 1989
Appeared in issue:
246 - 08 April 1989
Comdel Commodities Ltd. v. Siporex Trade S.A. - Court of Appeal (Purchas, Nicholls & Staughton L.JJ.) - 16 March 1989
The buyers agreed to buy 21,000 tonnes of fat beef fancy tallow from the sellers on the FOSFA contract form which incorporated the FOSFA Rules of Arbitration and Appeal.
Disputes arose under the contract. Clause 2(d) of the FOSFA Rules provided that..
Online Published Date:
08 April 1989
Appeared in issue:
246 - 08 April 1989
Togo Amusements Corporation SARL v. Estonian Shipping Co. (The Vasili Shelgunov) - Court of Appeal (Dillon, Mustill & Stocker L.JJ.) - 14 March 1989
In non-Admiralty cases Order 22, rule 3 of the Rules of the Supreme Court provides that were money is paid into court by a defendant the plaintiff may within 21 days thereafter accept the money in satisfaction of his cause of action. Order 75, rule..
Online Published Date:
22 April 1989
Appeared in issue:
247 - 22 April 1989
Stephen v. Scottish Boatowners’ Mutual Insurance Association (The Talisman) - House of Lords (Lord Keith, Lord Roskill, Lord Brandon, Lord Griffiths and Lord Goff) - 2 March 1989
The Talisman
, a 75 foot motor fishing vessel, sank at 2.45 am on 31 May 1980 in calm seas 50 miles west of the Shetland Islands. The vessel’s insurers refused to pay the owner/skipper’s claim on the ground that he had failed to use..
Online Published Date:
22 April 1989
Appeared in issue:
247 - 22 April 1989
Insurance Co. of North America v. M/V Atlantic Corona - U.S. District Court (S.D.N.Y.) (John F. Keenan D.J.) - 31 January 1989
The plaintiff cargo receivers claimed against the defendant carrier in respect of damage to a printing press carried onboard the vessel Atlantic Corona
from England to North Carolina. The goods were stowed on deck and therefore the US COGSA did not..
Online Published Date:
22 April 1989
Appeared in issue:
247 - 22 April 1989
Brown Boveri (Australia) Pty. Ltd. v. Baltic Shipping Co. (The Nadezhda Krupskaya) - New South Wales Court of Appeal (Kirby P., Hope & McHugh JJ.A.) - 7 February 1989
This was an appeal from the decision of Yeldham J. in which he had held that the limitation sum in Article IV, rule 5 of the Hague Rules of £100 was, in accordance with the reference to “gold value” in Article IX of the Hague Rules,..
Online Published Date:
22 April 1989
Appeared in issue:
247 - 22 April 1989
10/89
The vessel was chartered on the Asbatankvoy form. Clause 8 provided that charterers were to pay demurrage “for all time that loading and discharging and used laytime as elsewhere herein provided exceeds the allowed laytime elsewhere herein..
Online Published Date:
22 April 1989
Appeared in issue:
247 - 22 April 1989