Lloyd's Maritime Law Newsletter

Charterparty – NYPE form – Negligent stowage plan involving unnecessary strapping in cargo hold – Whether costs of strapping for owners’ or charterers’ account under clause 2 of NYPE form – Whether negligence in relation to stowage plan was negligence in management of ship or in management of cargo – US COGSA, section 4(2)

Charterparty – Voyage charterparty containing cancelling date but no ETA – Nature of owners’ obligation to commence approach voyage – Whether obligation absolute or to use due diligence – Whether cancelling date constituted the time when approach voyage had to be commenced – Vessel delayed through no fault of owners – Whether owners in breach of obligation in relation to approach voyage

International Law of the Sea – European Union law – Ship source oil pollution – Foreign vessel discharging oil in coastal state’s exclusive economic zone – Entitlement of coastal state to detain and fine foreign vessel – United Nations Convention on the Law of the Sea 1982, article 220(6) and EU Directive 2005/35/EC, article 7(2)

Charterparty - Off-hire - Hull cleaning - Speed and performance claim - Exercise of liens - Delay after discharge of cargo

Arbitration – Damages – Shipowners in breach of clause guaranteeing vessel’s approval by oil majors – Whether tribunal erred in awarding charterers loss of profits in addition to wasted costs – Whether damages ought to have been awarded on loss of chance principle