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The Abidin Daver - House of Lords (Lord Diplock, Lord Edmund-Davies, Lord Keith, Lord Brandon and Lord Templeman) - 26 January 1984
The House of Lords has reviewed the principles on which judges should exercise their discretion to grant a stay of proceedings, where there is already in existence a pending suit in a foreign jurisdiction (lis alibi pendens
). The facts of the case..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
D/S A/S Idaho v. Colossus Maritime S.A. (The Concordia Fjord) - Q.B.D. (Com.Ct.) (Bingham J.) - 15 December 1983
It will be recalled that in The Evia (No. 2)
[1982] 2 Lloyd’s Rep. 307 the House of Lords held, inter alia
, that clause 21 of the Baltime form operated as a complete code so that even though (apart from clause 21) the charterers might be in..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
1/84
The vessel was time chartered on the Baltime form. In the course of the charter the vessel discharged a cargo of steel at an American port. The charterers had engaged an American stevedoring firm to “rig, uncover and discharge cargo”...
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
Dutch Supreme Court holds ITF strike unlawful
In May 1981 some 25 Philippino crew members of the vessel Saudi Independence
, lying at Rotterdam, went on strike for higher (ITF scale) wages. The crew members’ action was supported by the ITF. At first instance the Rotterdam Court, applying..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
Cosmar Compania Naviera v. Total Transport Corpn. (The Isabelle)
The Court of Appeal (Sir John Donaldson M.R., Griffiths & Stephen Brown L.JJ - 1 December 1983) has dismissed the owners’ appeal from the decision of Robert Goff J. in The Isabelle
- see LMLN64 - 15 April 1982. The Court of Appeal adopted..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
The Panagiotis Xilas, Nordmark and Kapitan Alekseyev - Q.B.D. (Adm.Ct.) (Sheen J. assisted by Trinity Masters) - 10 November 1983
On the night of 29 and 30 November 1979 gale force winds played havoc with shipping lying in the harbour of Tartous, on the Syrian coast. Three ships in particular suffered damage that night. Three separate collision actions were brought.
The..
Online Published Date:
02 February 1984
Appeared in issue:
111 - 02 February 1984
Seven Seas Transportation Ltd. v. Pacifico Union Marina Corpn. (The Oceanic Amity and Satya Kailash) - Court of Appeal (Oliver and Robert Goff L.JJ.) - 7 February 1984
The vessel Satya Kailash
, owned by Seven Seas, had brought a cargo of grain from the U.S. to India. In order to lighten Satya Kailash
before entering the discharging port, Seven Seas chartered another vessel - the Oceanic Amity
- on the NYPE form..
Online Published Date:
16 February 1984
Appeared in issue:
112 - 16 February 1984
Central Gulf Lines Inc. v. Annita First Shipping Co. S.A. (The Annita) - Q.B.D. (Com.Ct.) (Neill J.) - 8 February 1984
The issue in this case was whether arbitration proceedings had been commenced in time by charterers against shipowners. Cargo damage had occurred in February 1981. The arbitrator was appointed in September 1982. The questions were (a) whether the..
Online Published Date:
16 February 1984
Appeared in issue:
112 - 16 February 1984
Rhodian River Shipping Co. S.A. and Rhodian Sailor Shipping Co. S.A. v. Halla Maritime Corpn. (The Rhodian Sailor and Rhodian River) - Q.B.D. (Com.Ct.) (Bingham J.) - 21 December 1983
The Rhodian River Shipping Co. S.A. of Panama (“the River company”) owned the vessel Rhodian River
. The Rhodian Sailor Shipping Co. S.A. of Panama (“the Sailor company”), had the same directors and shareholders as the River..
Online Published Date:
16 February 1984
Appeared in issue:
112 - 16 February 1984
Altantic Lines Navigation Co. Inc. v. Didymi Corpn. (The Leon and Didymi) - Q.B.D. (Com.Ct.) (Staughton J.) - 16 January 1984
The vessels Leon
and Didymi
were time-chartered to the plaintiffs. Each charterparty contained the following provisions:
That the said owners agreed to let and the said charterers agreed to hire the said vessel from the time of delivery for 5..
Online Published Date:
16 February 1984
Appeared in issue:
112 - 16 February 1984
Huron Liberian Co. v. Rheinoel G.m.b.H. (The Concordia C) - Q.B.D. (Com.Ct.) (Staughton J.) - 31 October 1983
The question before the Court was whether a pending arbitration between the parties had been compromised in correspondence between their solicitors. Prior to the hearing the respondents’ solicitors (Constant & Constant) sent telexes to the..
Online Published Date:
16 February 1984
Appeared in issue:
112 - 16 February 1984
Colgate Palmolive Co. v. S/S Dart Canada; Dart Container Line Ltd.; Global Terminal & Container Services Inc. and anr (The Dart Canada) - U.S. Ct. of Appeals (2nd Circuit) (Lumbard, Oakes and Van Graafeiland C.JJ.) - 14 December 1983
On 22 and 27 August 1979 Colgate delivered 22 drums of spearmint oil to Global’s terminal in Jersey City, New Jersey. The oil was to be shipped to Le Havre. Global had contracted with Dart to store the goods until it loaded them abroad Dart..
Online Published Date:
16 February 1984
Appeared in issue:
112 - 16 February 1984
Italia Di Navigazione SpA v. M/V Hermes (The Hermes I) - U.S. Ct. of Appeals (2nd Circuit) (Oakes and Meskill C.JJ. and Neaher D.J.) - 13 December 1983
The plaintiffs instituted an action against the owners of the vessel Hermes I
in respect of non delivery of goods. COGSA applied to the carriage and therefore the claim should have been instituted within one year. The plaintiffs acknowledged that..
Online Published Date:
16 February 1984
Appeared in issue:
112 - 16 February 1984