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Franke v CIC General Insurance Ltd (The ""Coral”) - New South Wales Court of Appeal (Gleeson CJ, Kirby P and Sheller JA) - 18 April 1994
The vessel, the dredge Coral
, was being towed from Brisbane to Alang, India, where she was to be scrapped. The appellant had insured the vessel with the respondents under a commercial hull policy, the period of insurance being from departure..
Online Published Date:
06 August 1994
Appeared in issue:
385 - 06 August 1994
Thyssen Inc v SS ""Eurounity” now ""Seamusic II” - US Court of Appeals (2nd Circuit)(Miner and Walker Ct JJ and Munson DJ) - 8 April 1994
The plaintiff cargo interests claimed damages against the shipowners as a result of water damage to the steel cargo. One of the issues was whether the shipowners were entitled to rely on the ""perils of the sea” defence pursuant to section..
Online Published Date:
06 August 1994
Appeared in issue:
385 - 06 August 1994
Seaemblem Marine Ltd v Jahre Ship Services A/S and Jahre Ship Services A/S v Arochem International Inc (The ""Boni”) - New York Arbitration before R Glenn Bauer, Jack Berg and Larry Mahoney (Chairman) - 7 March 1994
This was a consolidation of claims arising out of two back-to-back charterparties. The first charterparty was on the Asbatankvoy form between Seaemblem Marine Ltd (""the owners”) as owner of the vessel Boni
, and Jahre Ship Services (""the..
Online Published Date:
06 August 1994
Appeared in issue:
385 - 06 August 1994
London Arbitration 2/94
Clause 5 of the charter read:
""…time lost at any time by reason of…accidents and/or breakdowns at the mines, at shippers’ or receivers’ works or wharf…or total stoppage on rivers, channels or on railways, or any other..
Online Published Date:
06 August 1994
Appeared in issue:
385 - 06 August 1994
Agra Trading Ltd v McAuslin & Others (The “Frio Chile”) - QBD (Com Ct) (Colman J) - 5 July 1994
The plaintiffs claimed as owners of a cargo of frozen meat under the defendants’ marine policy. Their claim was not for the physical loss of or damage to the meat, but for loss of a substantial EEC meat subsidy due to the fact that the..
Online Published Date:
06 August 1994
Appeared in issue:
385 - 06 August 1994
London Arbitration 3/94
The vessel was chartered on the NYPE form for a time-chartered trip. The charterers claimed a contribution from the owners under the NYPE Inter-Club Agreement following the settlement of a cargo claim. The ship had carried 200,000 bags of wheat..
Online Published Date:
06 August 1994
Appeared in issue:
385 - 06 August 1994
The Owners of the cargo lately laden on board the vessel “Ocean Blessing” v The Owners of the vessel “Nagasaki Spirit” - Singapore High Court (Karthigesu JA) - 27 April 1994
The vessels Nagasaki Spirit
and Ocean Blessing
were involved in a collision in the Straits of Malacca. All but two of the crew of the Nagasaki Spirit
and all the crew of the Ocean Blessing
died. After the collision, the hulk of the Nagasaki..
Online Published Date:
20 August 1994
Appeared in issue:
386 - 20 August 1994
London Arbitration 4/94
The vessel was chartered on the NYPE form which provided, in line 9, that the ship was “during the currency of this charterparty remaining capable of steaming, fully laden, under good weather conditions 14.5 knots …”. The printed..
Online Published Date:
20 August 1994
Appeared in issue:
386 - 20 August 1994
London Arbitration 5/94
The vessel was chartered on the Sugar Charterparty 1969 form. A dispute arose as to the calculation of discharge port laytime.
Held
, that from time to time work was interrupted because, particularly in the heat of the day, bees attracted by sugar..
Online Published Date:
20 August 1994
Appeared in issue:
386 - 20 August 1994
London Arbitration 6/94
The vessel was chartered on the NYPE form for a period of minimum six months, charterers’ option further one month. Very shortly after delivery under the charter on 6 March 1990 she was sold to different owners who took on responsibility for..
Online Published Date:
20 August 1994
Appeared in issue:
386 - 20 August 1994
London Arbitration 7/94
The vessel was chartered under the NYPE form. Disputes arose and the owners brought arbitration proceedings against the charterers. The charterers purported to set off against the owners’ claim a claim which the charterers themselves had..
Online Published Date:
20 August 1994
Appeared in issue:
386 - 20 August 1994
London Arbitration 8/94
The vessel was chartered on the NYPE form, clause 7 of which provided:
“That the whole reach of the vessel’s hold, decks, and usual places of loading (Not more than she can reasonably stow and carry) … shall be at the..
Online Published Date:
20 August 1994
Appeared in issue:
386 - 20 August 1994