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The Myrto - Q.B.D. (Adm.Ct.) - 13 February 1984
Sheen J. followed his previous decision in The Jogoo
[1981] 1 Lloyd’s Rep. 513. He held that where the court had ordered that a ship laden with cargo was to be appraised and sold, the expense involved in discharging the cargo was to be borne..
Online Published Date:
01 March 1984
Appeared in issue:
113 - 01 March 1984
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The vessel was chartered on an Asbatankvoy form for the carriage of a cargo of crude oil from West Africa (Nigeria-Gabon) range to one or two safe ports out of several ranges. Total laytime was 72 running hours. The vessel arrived off the nominated..
Online Published Date:
01 March 1984
Appeared in issue:
113 - 01 March 1984
The Antonis P Lemos - Court of Appeal (Cumming Bruce and Parker L.JJ.) - 14 February 1984
By a charterparty dated 16 October 1981 the vessel Antonis P Lemos
was sub-chartered to the appellants by disponent owners. On 21 September 1981 the appellants had voyage-chartered the vessel to Agri Industries. Under this voyage charterparty the..
Online Published Date:
01 March 1984
Appeared in issue:
113 - 01 March 1984
Alfred C. Toepfer Schiffhartsgesellschaft G.m.b.H. v. Tossa Marine Co. Ltd. (The Derby) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 19 December 1983
The Derby
, a conventional dry cargo vessel of some 13,000 tons deadweight capacity, was time chartered on the NYPE form for a period of 11 to 13 months. Her crew and officers were Filipinos. In May 1981 she was sent by the charterers to Leixoes in..
Online Published Date:
01 March 1984
Appeared in issue:
113 - 01 March 1984
The Traugutt - Q.B.D. (Adm.Ct.) (Sheen J.) - 13 February 1984
The plaintiffs owned cargo which was shipped onboard the vessel Traugutt
at Antwerp. The cargo was damaged by fire while the vessel was waiting to discharge at Karachi. The relevant bill of lading incorporated the Hague Rules and provided that all..
Online Published Date:
01 March 1984
Appeared in issue:
113 - 01 March 1984
Mutual Shipping Corp. of New York v. Bayshore Shipping Co. of Monrovia (The Montan) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 12 December 1983
Disputes were referred to arbitration which involved the correct balance of account between charterers and owners following the completion of the time charterparty. There were a number of individual disputes on specific items, one of which involved..
Online Published Date:
01 March 1984
Appeared in issue:
113 - 01 March 1984
Chuan Chow Maritime S.A. v. K/S A/S Bulk Sea Transport - Q.B.D. (Com.Ct.) (Neill J.) - 23 February 1984
In The Border Zea
[LMLN 109 - 5 January 1984] Sheen J. allowed plaintiff shipowners to amend their statement of claim to add a claim for two further instalments of hire which had fallen due since the issue of the writ. At the time the writ was..
Online Published Date:
01 March 1984
Appeared in issue:
113 - 01 March 1984
Arbitration - Leave to appeal - Respondent’s notice
In A. Halcoussis & Co. v. Stinnes Interoil G.m.b.H. - Q.B.D. (Com.Ct.) - 25 January 1984,
Bingham J. discussed the question of respondent’s notices under the Arbitration Act 1979. No provision was made for respondent’s notices in..
Online Published Date:
01 March 1984
Appeared in issue:
113 - 01 March 1984
Williams & Glyn’s Bank PLC v. Astodinamico Compania Naviera S.A. - House of Lords (Lord Fraser, Lord Edmund-Davies, Lord Bridge, Lord Brandon and Lord Templeman) - 1 March 1984
The plaintiff bank wished to enforce certain guarantees purportedly given on behalf of the defendants, who were Greek owned Panamanian companies. The defendants contended that the guarantees were null and void because the persons who had signed them..
Online Published Date:
15 March 1984
Appeared in issue:
114 - 15 March 1984
Rumput (Panama) S.A. & Belzetta Shipping Co. S.A. v. Islamic Republic of Iran Shipping Lines (The Leage) - Q.B.D. (Com.Ct.) (Bingham J.) - 18 January 1984
Belzetta (the second plaintiffs) owned the vessel Leage
, which they chartered to the defendants in 1982. The charterparty contained an arbitration clause providing for English law to govern the charter and for London arbitration. Rumput (the first..
Online Published Date:
15 March 1984
Appeared in issue:
114 - 15 March 1984
J. G. Boudreau v. Registrar of Shipping (The Logan Lassie) - Fed.Ct. (Jerome A.C.J.) - 15 September 1983
The vessel Logan Lassie
was sold pursuant to an order of the Court in an action in rem
brought by mortgagees of the vessel. At the time of the judicial sale two other mortgages had been registered on the ship.
In the Order for Commission and Sale,..
Online Published Date:
15 March 1984
Appeared in issue:
114 - 15 March 1984
SCAC Transport (U.S.A.) Inc. and anr. v. Big Lift U.S.A. Inc. and Danais Shipping Co. (The Danaos) - U.S. District Ct. (S.D.N.Y.) (John F. Keenan D.J.) - 20 January 1984
Big Lift were charterers of the vessel Danaos
owned by Danais Shipping Co. During the loading of the vessel at Port Newark, New Jersey, a truck fell from the lift on which it had been suspended causing damage to the truck and to the vessel. The..
Online Published Date:
15 March 1984
Appeared in issue:
114 - 15 March 1984
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The issue in this arbitration was whether the charterparty laytime exceptions should be applied to the time spent by the vessel in waiting for a berth at the discharge port. The relevant charterparty clauses provided:
- 4. Time to commence at 2 pm..
Online Published Date:
15 March 1984
Appeared in issue:
114 - 15 March 1984
Athens Sky Compania Naviera S.A. v. The Port Services Corpn. Ltd. (The Tribels) - Q.B.D. (Adm.Ct.) (Sheen J.) - 16 March 1984
The defendants provided salvage services to the plaintiffs’ vessel Tribels
at Muscat under the Lloyd’s Open Form. Tribels
had grounded in the harbour in strong winds. Three of the defendants’ harbour tugs had assisted in the..
Online Published Date:
29 March 1984
Appeared in issue:
115 - 29 March 1984
N. G. Piak Lam v. Tex Colon Shipping Co. (The Harriot) - Q.B.D. (Com.Ct.) (Lloyd J.) - 24 February 1984
Plaintiff cargo interests wished to proceed against shipowners under a bill of lading for short delivery of cargo. The bill of lading incorporated the terms of one or other of two charterparties. Both charters contained an arbitration clause but the..
Online Published Date:
29 March 1984
Appeared in issue:
115 - 29 March 1984
Damon Compania Naviera v. EAL Europa Africka Line (The Nicki R) - Q.B.D. (Com.Ct.) (Bingham J.) - 10 February 1984
The vessel Nicki R
was time-chartered under the NYPE form for one round trip. During the voyage the vessel sustained damage by stevedores. Some of that damage affected the seaworthiness of the vessel. Typed clause 49 of the charterparty..
Online Published Date:
29 March 1984
Appeared in issue:
115 - 29 March 1984
Marlex Petroleum v. The ship Har Rai - Fed.Ct. of Appeal (Heald, Urie and Le Dain JJ.) - 13 January 1984
The vessel Har Rai was owned by the Shipping Corporation of India and time-chartered to L Ltd. The appellant, Marlex Petroleum, supplied bunker fuel and marine diesel oil to the vessel at Los Angeles. Marlex supplied the oil at L Ltd.’s..
Online Published Date:
29 March 1984
Appeared in issue:
115 - 29 March 1984
Sanko Steamship Co. Ltd. v. Korea Shipping Corpn. (The Federal Fraser - Before Donald E. Zubrod, Jack Berg and Michael Van Gelder - Final Award dated 22 December 1983.
Sanko were disponent owners of the vessel Federal Fraser
. She was time-chartered to Korea Shipping on the NYPE form for a time-chartered voyage. Delivery was to be at a U.S. Gulf port in charterers’ option. On the fixture date of 10 October..
Online Published Date:
29 March 1984
Appeared in issue:
115 - 29 March 1984
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Clause 5 of the charterparty provided:
Time lost by reason of . . . bad weather . . . shall not be computed in the loading time.
- The vessel arrived at the loading port and commenced loading a cargo of bulk sulphur. The method of loading was via a..
Online Published Date:
29 March 1984
Appeared in issue:
115 - 29 March 1984
5/84
The vessel was a bulk carrier of about 27,000 tons deadweight which, in 1967, was fitted with three new electro-hydraulic deck cranes. In 1980 the owners of the vessel agreed to sell her to the claimants. The agreement was on the Norwegian Saleform...
Online Published Date:
29 March 1984
Appeared in issue:
115 - 29 March 1984
Leave to appeal to Court of Appeal - Certificate under section 1(7), Arbitration Act 1979
Section 1(7) of the Arbitration Act 1979 provides that where a judge of the High Court has heard an appeal from an arbitration award and has made a decision on the merits, no appeal shall lie to the Court of Appeal unless inter alia
the High Court..
Online Published Date:
29 March 1984
Appeared in issue:
115 - 29 March 1984