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Geofizika DD v MMB International Ltd (The “Green Island”) – Court of Appeal (Lord Neuberger of Abbotsbury MR, Sir Nicholas Wall P and Thomas LJ) – 28 April 2010
In October 2006 the claimant buyers agreed to buy from the defendant sellers three Land Rover ambulances for £74,952 “CIP [carriage and insurance paid] Tripoli”. The contract incorporated Incoterms 2000 which provided that the..
Online Published Date:
18 May 2010
Appeared in issue:
794 - 30 April 2010
Onego Shipping & Chartering BV v JC Arcadia Shipping (The “Socol 3”) – QBD (Com Ct)(Hamblen J) – 23 April 2010
The vessel Socol 3 was chartered on the NYPE form as amended for one time charter trip from Finland/Sweden intention Loviisa and Kokkola to Egypt/Med with timber products. The charterparty provided:
Clause 8
(a) … The Master shall be..
Online Published Date:
18 May 2010
Appeared in issue:
795 - 14 May 2010
London Arbitration 6/10
A number of disputes arising under a sub-charter were referred to arbitration.
Bunkers
The vessel was expected to redeliver under her previous charter and deliver into the present charter on 11 January. However, the redelivery/delivery process did..
Online Published Date:
18 May 2010
Appeared in issue:
794 - 30 April 2010
New Zealand China Clays Ltd and Ors v Tasman Orient Line CV (The “Tasman Pioneer”) – Supreme Court of New Zealand (Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ) – 16 April 2010
On 1 May 2001 the vessel Tasman Pioneer left Yokohama bound for Busan, Korea. Because the ship was behind schedule, the master decided that instead of passing west of Okino Shima, the usual route for vessels entering Bungo Suido from the south, he..
Online Published Date:
18 May 2010
Appeared in issue:
794 - 30 April 2010
Stolt-Nielsen SA and Ors v AnimalFeeds International Corp – US Supreme Court – 27 April 2010
AnimalFeeds International Corp (“AnimalFeeds”) alleged that Stolt-Nielsen SA and other companies (collectively “Stolt-Nielsen”) were engaged in a “global conspiracy to restrain competition in the world market for..
Online Published Date:
18 May 2010
Appeared in issue:
795 - 14 May 2010
The “Asia Star” – Court of Appeal of Singapore (Chan Sek Keong CJ, Andrew Phang Boon Leong JA and V K Rajah JA) – 19 March 2010
In November 2003 the plaintiffs chartered the vessel Asia Star for the carriage of a minimum cargo of 21,500 mt of refined palm oil for carriage to a Turkish purchaser (“Agrima”) in Turkey. The plaintiffs had purchased parcels of the..
Online Published Date:
18 May 2010
Appeared in issue:
795 - 14 May 2010
Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd (The “Kildare”) – QBD (Com Ct)(David Steel J) – 28 April 2010
On 5 December 2007 the claimant owners (“Zodiac”) concluded a Consecutive Voyage Charterparty (“the CVC”) with the defendant charterers (“FMG”). The CVC was a contract for 5 years for Western Australia/China..
Online Published Date:
18 May 2010
Appeared in issue:
795 - 14 May 2010
Farstad Supply AS v Enviroco Ltd and Anr (The “Far Service”) – Supreme Court (Lord Phillips P, Lord Hope DP, Lord Rodger, Lord Mance and Lord Clarke) – 5 May 2010
Alistair Clark QC and Paul O’Brien (HBJ Gateley Wareing LLP) for Farstad; Robert Howie QC and Almira Delibegovic-Broome (Paull & Williamsons) for Enviroco.
Online Published Date:
27 May 2010
Appeared in issue:
796 - 28 May 2010
Angara Maritime Ltd v Oceanconnect UK Ltd and Anr (The “Fesco Angara”) – QBD (London Merc Ct)(HHJ Mackie QC) – 29 March 2010
Yash Kulkarni (Thomas Cooper) for the shipowners; Emma Hilliard (Chauncy & Co Solicitors) for the bunker suppliers.
Online Published Date:
27 May 2010
Appeared in issue:
796 - 28 May 2010
London Arbitration 7/10
The vessel was chartered on the NYPE form as amended for a period of 110/170 days. The relevant charterparty provisions were as follows:
Lines 17-22:
Acceptance of delivery by Charterers shall not constitute any waiver of Owners’ obligations..
Online Published Date:
27 May 2010
Appeared in issue:
796 - 28 May 2010
Strong Wise Ltd v Esso Australia Resources Pty Ltd and Ors (The “APL Sydney”) – Federal Court of Australia (Rares J) – 18 March 2010
Dr G Griffith QC, Mr S Horgan SC and Mr M Scott (Holman Fenwick & Willan) for shipowner; Mr P Murdoch QC and Dr AP Trichardt (Blake Dawson) for the pipeline owners.
Online Published Date:
27 May 2010
Appeared in issue:
796 - 28 May 2010