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Midgulf International Ltd v Groupe Chimique Tunisien – Court of Appeal (Mummery, Toulson and Patten LJJ) – 10 February 2010
The claimant (“Midgulf”) was a trader in sulphur. The defendant (“GCT”) was a company owned by the state of Tunisia. In 2008 the parties entered into contracts for the sale and purchase of sulphur. The first contract..
Online Published Date:
03 March 2010
Appeared in issue:
790 - 05 March 2010
Kolmar Group AG v Traxpo Enterprises Pvt Ltd – QBD (Com Ct)(Christopher Clarke J) – 1 February 2010
On 27 August 2007 the claimant (“Kolmar”) agreed to buy and the defendant (“Traxpo”) agreed to sell (a) 15,000 mt methanol +/-5% at Buyer’s option at $255 per mt and (b) an optional 2-3,000 mts of cargo..
Online Published Date:
03 March 2010
Appeared in issue:
790 - 05 March 2010
London Arbitration 2/10
On 17 June the vessel was chartered for the carriage of a cargo of steel tank plate and cut steel scrap from the Bahamas to Vietnam. Following loading of the cargo the owners claimed a total of US$1,100,331.10 against the charterers in respect..
Online Published Date:
03 March 2010
Appeared in issue:
790 - 05 March 2010
Arbitration – Jurisdiction – Claimant bringing arbitration proceedings under arbitration clause in agreement for management of oil rig – Defendant asserting transaction set-offs and counterclaims for breaches of prior purchase contract for associated equipment - Whether defendant’s claims arose out of or related to management agreement
Stewart Boyd QC and Chirag Karia (Davies Johnson & Co) for the claimant; Timothy Young QC (Vinson & Elkins LLP) for the defendant.
Online Published Date:
19 March 2010
Appeared in issue:
791 - 19 March 2010
Marine insurance – Piracy – Vessel seized by Somali pirates – Cargo owners serving Notice of Abandonment during negotiations between shipowner and pirates for release of vessel – Whether cargo became actual or constructive total loss at date of Notice of Abandonment
Sir Sydney Kentridge QC and Andrew Henshaw (Arbis LLP) for the claimant; Peter MacDonald Eggers and Sarah Cowey (Waltons & Morse LLP) for the defendant.
Online Published Date:
19 March 2010
Appeared in issue:
791 - 19 March 2010
Charterparty - Cargo claim – Charterers alleging short-shipment of cargo of steel plates in bundles – Whether shortfall of cargo – Evidential value of documentation - Whether charterers wrongly arrested vessel – Whether owners entitled to damages for wrongful arrest
The ship was chartered to carry a cargo of “min/max 2972 mts steel plates in bundles”. The charterers contended that there had been a short-shipment, and they arrested the vessel at the discharging port as security for their claim. The..
Online Published Date:
19 March 2010
Appeared in issue:
791 - 19 March 2010
Charterparty – Exemption clause allocating insurable risk between owner and charterer and its “affiliates” – Vessel sustaining damage by fire during cleaning of oil tanks by contractor – Owner bringing proceedings against contractor – Contractor relying on exemption clause on basis it was an “affiliate” of charterer – Contractor would have been an “affiliate” had its parent company’s shares not been registered in name of bank as security under terms of deed of pledge
Ceri Bryant (HBJ Gately Wareing for the owner; Poonam Melwani and Saira Paruk (Clyde & Co) for the contractor.
Online Published Date:
19 March 2010
Appeared in issue:
791 - 19 March 2010