i-law.com - Newsletter (Lloyd's Maritime Law Newsletter)

London Arbitration 1/06

(2006) 682 LMLN 3 The vessel was time-chartered on the NYPE form for a time charter trip from Germany to Brazil. Disputes arose under the charter and were referred to arbitration. The owners advanced a claim for $62,411.90 on the balance of..

Online Published Date: 11 January 2006

Appeared in issue: 682 - 11 January 2006

Norfolk Southern Railway Co v James N Kirby Pty Ltd and Anr - US Supreme Court (opinion of the Court delivered by O'Connor J) - 9 November 2004

(2006) 682 LMLN 2 (1) James N Kirby Pty Ltd ("Kirby"), an Australian company, sold 10 containers of machinery to General Motors in Huntsville, Alabama. Kirby entered into a contract of carriage with International Cargo Control Pty Ltd ("ICC"),..

Online Published Date: 11 January 2006

Appeared in issue: 682 - 11 January 2006

Yachting New Zealand Incorporated v Birkenfeld (No 2) - High Ct (Keane J) - 22 July 2005

(2006) 682 LMLN 2 On 8 August 2002 a rigid inflatable boat owned by the plaintiff ("YNZ") and driven by Mr Bruce Kendall, collided with a windsurfing board, ridden by the defendant (Ms Birkenfeld) off the coast of Greece. Ms Birkenfeld was severely..

Online Published Date: 11 January 2006

Appeared in issue: 682 - 11 January 2006

JP Morgan Chase Bank and Anr v Mystras Maritime Corpn and Ors (The "Lanner") - Federal Ct (Morneau P) - 17 June 2005

(2006) 682 LMLN 1 (2) Suppliers of necessaries alleged that they were entitled to claim on the proceeds of a judicial sale of the vessel Lanner in priority to the vessel's mortgagee bank. Under Canadian law maritime liens had priority over..

Online Published Date: 11 January 2006

Appeared in issue: 682 - 11 January 2006

Tidebrook Maritime Corporation v Vitol SA (The "Front Commander") - QBD (Com Ct) (HH Judge Mackie QC sitting as a Judge of the QBD) - 9 November 2005

(2006) 682 LMLN 1 By a charterparty dated 17 December 2003 the claimant owners chartered their vessel Front Commander to the defendant charterers on an Asbatankvoy form as amended. The printed form clauses, as amended, together with additional..

Online Published Date: 11 January 2006

Appeared in issue: 682 - 11 January 2006

Transamerica Leasing Inc v Institute of London Underwriters - US Court of Appeals (11th Circuit) (Hull, Marcus and Hill Ct JJ) - 22 November 2005

(2006) 683 LMLN 4 The plaintiff, Transamerica, a lessor of ocean cargo containers, entered into various lease agreements with a Venezuelan shipping company ("CAVN"). CAVN was responsible for insuring the equipment, which it did by obtaining policies..

Online Published Date: 26 January 2006

Appeared in issue: 683 - 26 January 2006

Early Recovered Resources Inc v HM in Right of The Province of British Columbia and Ors - Federal Ct (James Russell J) - 18 July 2005

(2006) 683 LMLN 3 In January 1999 the plaintiff recovered 65 floating logs from the Fraser River in the Vancouver Log Salvage District. The plaintiff's employee held a log salvage permit that authorised her to salvage logs in the Vancouver Log..

Online Published Date: 26 January 2006

Appeared in issue: 683 - 26 January 2006

Covington Marine Corporation and Ors v Xiamen Shipbuilding Industry Co Ltd - QBD (Com Ct) (Langley J) - 16 December 2005

(2006) 683 LMLN 2 On 23 February 2003 the claimant buyers entered into four shipbuilding contracts with the defendant builders, each for one vessel, a 53,800 dwt bulk carrier, at a price of US$17,970,000 per vessel. Article 21 of each contract..

Online Published Date: 26 January 2006

Appeared in issue: 683 - 26 January 2006

Bernuth Lines Ltd v High Seas Shipping Ltd (The "Eastern Navigator") - QBD (Com Ct) (Christopher Clarke J) - 21 December 2005

(2006) 683 LMLN 1 The vessel Eastern Navigator was chartered by Bernuth Lines Ltd ("Bernuth Lines") for a time charter trip. The agents of Bernuth Lines Ltd were Bernuth Agencies Ltd ("Bernuth Agencies"). Clause 45 of the charterparty..

Online Published Date: 26 January 2006

Appeared in issue: 683 - 26 January 2006