Lloyd's Maritime Law Newsletter

Sale of ship – Vessel sold “free of average damage affecting … class” – Bilge keels found damaged on underwater inspection – Attending surveyor acting on behalf of Class recommending that repairs be carried out – Class head office issuing clean Class certificate – Seller tending notice of readiness for delivery – Whether NOR valid – Whether average damage affecting Class – Whether any failure to give valid NOR was “due to proven negligence” of seller – Norwegian Saleform 1993

Charterparty – Asbatankvoy form – Meaning of “OOS” – Laycan – Right of substitution – Substitute vessel – Materially less favourable – Repudiatory breach – Demurrage – Loss of income

Sale of goods – Fob sale of Ukrainian feed corn – Buyer making invalid nomination of vessel – Seller purporting to terminate contract – Whether false nomination was breach of condition – Whether nominated vessel had to have been already chartered by buyer – Whether buyer’s obligation to provide copy of charterparty was a condition – Arbitration – Serious irregularity – Whether GAFTA Board of Appeal failed to consider various matters

Carriage of goods by sea – Cargo found defective on arrival – Contract of carriage containing London arbitration clause – Subrogated cargo insurers bringing foreign court proceedings against third party – Third party sustaining irrecoverable costs – Whether cargo insurers liable in principle to pay equitable compensation to the carrier in respect of third party’s loss – Whether carrier entitled to compensation pursuant to “transferred loss” principle

Charterparty – Off hire – Vessel arrested at discharge port pursuant to cargo claim by third party against sub-charterer – Whether arrest occasioned by act or omission of sub-charterer – Whether vessel off hire – Whether head charterer in breach of clause requiring head charterer to accept responsibility “for cargo claims from third parties” in West African ports