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The New Flamenco: defining mitigation of loss
The Supreme Court has ruled that in calculating
damages for the repudiation of a charterparty, shipowners were not obliged to
give credit to charterers for sale proceeds made by a sale in opportune market conditions.
Reversing the decision of the Court of Appeal, the highest court held that damages
owed by charterers for the repudiation of the charterparty should be calculated
without taking into account that benefit.
Online Published Date:
04 July 2017
Appeared in issue:
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Unmanned ships on the IMO work agenda
Upon request from a
group of nine co-sponsoring states, the Maritime Safety Committee of the
International Maritime Organization at its 98th meeting in London agreed to add
the issue of the regulation of unmanned ships to its work agenda. The
regulatory scoping exercise will consider the extent to which the existing
corpus of IMO regulations is suitable for the introduction of unmanned ships.
Online Published Date:
05 July 2017
Appeared in issue:
Vol 17 No 5 - 01 June 2017
Qatari embargo: implications on charterparties
On 5 June 2017 seven countries – Saudi Arabia, United
Arab Emirates, Bahrain, Egypt, Yemen, Libya and the Maldives – decided to cut
all diplomatic ties with Qatar and impose an economic blockade against the
emirate, accusing Qatar of supporting and funding extremists’ ideology and
terrorist groups in the region. This article examines the legal implications of
the Qatari blockade, which carries neither a UN mandate nor an Arab League one,
on charterparties.
Online Published Date:
05 July 2017
Appeared in issue:
Vol 17 No 5 - 01 June 2017
Owners and/or Demise Charterers of the Ship or Vessel “MCC Jakarta” v Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77” [2017] HKCFI 981
Collision
This
case is about two
almost simultaneous collisions near the termination of East Lamma Channel
Traffic Separation Scheme (“TSS”). The first was between MCC
Jakarta (“J”) and Xin Nan Tai 77 (“X”) (“the first collision”), followed by a second
between J and TS Singapore (“S”) (“the second collision”). Immediately beforehand, manoeuvres were performed
where J
overtook S (“the overtaking situation”) and X attempted to cross behind J (“the
crossing situation”).
Online Published Date:
05 July 2017
Appeared in issue:
Vol 17 No 5 - 01 June 2017