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Pietro Cingolani SAS v. Pearl Marin Shipping A/B (The General Valdes) - Court of Appeal (Lord Denning M.R., Ackner L.J. and Sir Denys Buckley) - 21 May 1981
The parties had submitted a charterparty dispute to arbitration. The arbitrators disagreed and an umpire was appointed. The umpire’s award was sent to one of the arbitrators in the same envelope as a separate document headed “Reasons for..
Online Published Date:
11 June 1981
Appeared in issue:
42 - 11 June 1981
International Sea Tankers Inc. of Liberia v. Hemisphere Shipping Co. of Hong Kong - Q.B.D. (Com.Ct.) (Goff J.) - 21 May 1981
The vessel Wenjiang
, under time charter to the applicants, became trapped in the Shatt-Al-Arab waterway as a result of the Iraq/Iran war. The sole arbitrator found that the charterparty became frustrated on 24 November 1980. Charterers had..
Online Published Date:
11 June 1981
Appeared in issue:
42 - 11 June 1981
Hayn Roman & Co. S.A. v. Cominter (U.K.) Ltd. - Q.B.D. (Com.Ct.) (Robert Goff J.) - 4 June 1981
The respondents contracted to sell Bolivian coffee to the appellants under a contract dated 8 October 1979 which provided for arbitration in London. A dispute arose as to whether shipments had been made within the contract period and the matter was..
Online Published Date:
11 June 1981
Appeared in issue:
42 - 11 June 1981
Hitachi Shipbuilding & Engineering Co. Ltd. v. Viafiel Compania Naviera S.A. - Q.B.D. (Com.Ct.) (Mocatta J.) - 21 May 1981
The respondents had contracted to buy a vessel from Hitachi. Disputes arose between the parties which had been referred to arbitration. This summons before Mr. Justice Mocatta concerned security for costs in that pending arbitration.
Hitachi were..
Online Published Date:
11 June 1981
Appeared in issue:
42 - 11 June 1981
Alaska Trainship Corporation v. The Pacific Pilotage Authority - Supreme Court of Canada (Laskin C.J., Ritchie, Dickson, Beetz, Estey, McIntyre and Chouinard JJ.) - 19 March 1981
Pilotage Regulations promulgated under the Canadian Pilotage Act 1971 established five compulsory pilotage areas. Section 9(1) of the Regulations stipulated that ships over a certain tonnage would be subject to compulsory pilotage in those areas...
Online Published Date:
11 June 1981
Appeared in issue:
42 - 11 June 1981
Hosei Kaiun Shoji Co. Ltd. v. The Canadian Tug Seaspan Monarch; Seaspan International Ltd. v. M/V Dian and Hosei Kaiun Shoji Co. Ltd. - U.S. District Court, District of Oregon (District Judge Burns)
In this collision action the Court considered the interpretation of rule 34(d) of the 1972 Regulations, which reads as follows:
When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the..
Online Published Date:
11 June 1981
Appeared in issue:
42 - 11 June 1981
Royal Exchange Assurance of America Inc. and Lee Torgerson Machinery Co. v. American President Lines and Port of Tacoma - U.S. District Court, Western District of Washington - 27 February 1981
T. Co. shipped rock-crushing machinery from Karachi to Tacoma, Washington in the defendants’ vessel. Damage was caused to the machinery partly by the carrier’s stevedores on discharge and partly by the Tacoma port authority employees who..
Online Published Date:
11 June 1981
Appeared in issue:
42 - 11 June 1981
Blackgold Trading Ltd. of Monrovia v. Almare SpA di Navigazione of Genoa (The Almare Seconda and Almare Quinta) - Q.B.D. (Com.Ct.) (Robert Goff J.) - 15 June 1981
Charterers had agreed to sell a quantity of gas oil to Norwegian purchasers on c.i.f. terms for arrival in Scandinavia 10th/30th September 1978. Part of this cargo was to be shipped f.o.b. Amuay Bay, Venezuela during 21st_31st August, and the..
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981
Sotiros Shipping Inc. & Anr. v. Sameret Solholt (The Solholt) - Q.B.D. (Com.Ct.) (Staughton J.) - 18 June 1981
By a contract on the Norwegian Sale Form dated 7 May 1979 the defendants agreed to sell their vessel Solholt
to the plaintiffs for $5m, delivery to take place not later than 31 August 1979. A deposit of 10% of the purchase price was payable to..
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981
The Roseline - Q.B.D. (Adm.Ct.) (Sheen J. with Nautical Assessors) - 16 June 1981
The vessels Eleni V
and Roseline
collided off the Norfolk coast on 6 May 1978 in dense fog conditions. Visibility was about one cable. Both vessels had two radar sets in operation. Each vessel became aware of the other when about 6 miles distant...
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981
Miida Electronics Inc. v. Mitsui OSK Lines Ltd. and ITO - International Terminal Operators Ltd. - Federal Court of Appeal (Pratte and Le Dain JJ. and Lalande D.J.) - 22 May 1981
The respondents ITO were a stevedoring firm. The respondents Mitsui were shipowners. Both respondents were in a contractual relationship whereby ITO agreed to load and discharge all Mitsui’s vessels and supply terminal services at the Port of..
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981
International Produce Inc. v. A/S Rosshavet
In LMLN No. 14 (15 May 1980) there was a report on International Produce Inc.
v. A/S Rosshavet
in which the Trial Court vacated a unanimous arbitration award of $1.2 million in a charterparty dispute because of an “appearance of bias.”..
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981
Containerschiffsreedei T.S. Columbus New Zealand, Rudolf A. Oetker K.G. v. Corporation of Lloyd’s, et al. - U.S. District Court, Southern District of New York (Richard Owen, D.J.) - 1981 A.M.C. 60
A fire occurred onboard the plaintiffs’ vessel Columbus New Zealand
, as a result of which towing/salvage expenses were incurred. The plaintiffs sought general average contributions from the defendant underwriters who had signed general..
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981
Intraco Ltd. v. Notis Shipping Corporation of Liberia (The Bhoja Trader) - Court of Appeal (Donaldson and Ackner L.JJ.) - 19 June 1981
By a contract on the Norwegian Sale Form, Intraco agreed to buy the vessel “Bhoja Trader” from Notis. The price was U.S.$810,000. U.S.$41,000 had been paid as a deposit, U.S.$369,000 was payable in cash on delivery and the balance of..
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981
Kodros Shipping Corporation of Monrovia v. Empressa Cubana De Fletes of Havana (The Evia) - Q.B.D. (Com.Ct.) (Robert Goff J.) - 10 June 1981
This was another case involving a vessel trapped in the Shatt-Al-Arab waterway as a result of the Iraq/Iran war. The main issue at arbitration was frustration of the charterparty, the primary facts being virtually identical to the case of..
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981
Congimex Compania Gerac De Commercio v. Tradax Export S.A. - Q.B.D. (Com.Ct.) - (Staughton J.) - 11 June 1981
Tradax sold 16,500 tons of soyabean meal to Congimex under four contracts of sale c.i.f. Free Out Lisbon. Shipment was to be in four instalments, the first in December 1974 and the last in August 1975. The terms of payment were that, for three of..
Online Published Date:
25 June 1981
Appeared in issue:
43 - 25 June 1981