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Electronic Discount Centre Ltd v Emirates Sky Cargo - Staines County Court (Deputy District Judge Kenny) - 8 April 2002
The claimant brought proceedings against the defendant following the loss of mobile telephones consigned to the defendant for carriage by air. The amount in dispute did not exceed �3,648.27 including interest, and the case was allocated to the..
Online Published Date:
02 October 2002
Appeared in issue:
597 - 02 October 2002
James N Kirby Pty Ltd and anr v Norfolk Southern Railway Co - US Court of Appeals (11th Circuit)(Edmonson Chief Judge, Carnes and Siler Ct JJ) - 8 August 2002
James N Kirby Pty Ltd ("Kirby"), an Australian company, sold 10 containers of machinery to General Motors in Huntsville, Alabama. Kirby entered into a contract of carriage with International Cargo Control Pty Ltd ("ICC"), another Australian..
Online Published Date:
02 October 2002
Appeared in issue:
597 - 02 October 2002
Kukje Hwajae Insurance Co Ltd v The M/V "Hyundai Liberty" - US Court of Appeals (9th Circuit)(Beezer, Tashima and Graber Ct JJ) - 26 June 2002
The plaintiff was the subrogated insurer of Korean shippers ("Doosan"). Doosan contracted with Glory Express Inc, a non-vessel operating common carried (NVOCC) to arrange for the carriage of the cargo from Korea to Los Angeles on the vessel Hyundai..
Online Published Date:
02 October 2002
Appeared in issue:
597 - 02 October 2002
Sea-Land Service Inc v Lozen International LLC - US Court of Appeals (9th Circuit) (Beezer, Tashima and Graber Ct JJ) - 3 April 2002
The defendant shippers ("Lozen") arranged with the plaintiff carrier ("Sea-Land") to transport three containers of grapes from Hermosillo, Mexico to Felixstowe, England. The containers were to travel by truck from Hermosillo to Long Beach,..
Online Published Date:
02 October 2002
Appeared in issue:
597 - 02 October 2002
Atlantic Cement Carriers Ltd v Atlantic Towing Ltd and Ors (The "Atlantic Elm") - Fed Court (Trial Div)(Morneau P) - 9 July 2002
The plaintiff owner of the barge Portland Star entered into a contract on Towcon terms with the defendant for the towage of the barge by the defendant's tug Atlantic Elm. The Towcon agreement contained an exclusive jurisdiction clause providing for..
Online Published Date:
02 October 2002
Appeared in issue:
597 - 02 October 2002
Koch Shipping v Richards Butler - Court of Appeal (Ward, Tuckey and Clarke LJJ) - 22 July 2002
Shipowners Ariadne Maritime Ltd ("Ariadne") brought arbitration proceedings against charterers Koch Shipping Inc ("Koch"). Ariadne instructed Richards Butler as their solicitors in the arbitration. Koch instructed Jackson Parton where the matter was..
Online Published Date:
17 October 2002
Appeared in issue:
598 - 17 October 2002
The Owners of the Ship "Borvigilant" v The Owners of the Ship "Romina G" - QBD (Admlty Ct)(David Steel J) - 16 August 2002
The vessel Romina G, owned by Monsoon Shipping Ltd ("Monsoon"), arrived at Kharg Island to load a cargo of crude oil at the National Iranian Oil Company ("NIOC") terminal. NIOC owned its own tugs, but it also chartered in berthing tugs through its..
Online Published Date:
17 October 2002
Appeared in issue:
598 - 17 October 2002
Transpac Express Ltd v Malaysian Airlines - High Court (Smellie J) - 18 June 2002
On 5 November 1999 the defendant ("MAL") chartered a cargo aircraft to Australia Pacific Direct Pty Ltd ("APD") for two weeks to fly three rotations to various destinations in the Pacific, including Wallis Island, a French Protectorate. APD..
Online Published Date:
17 October 2002
Appeared in issue:
598 - 17 October 2002
London Arbitration 15/02
The vessel was chartered on the NYPE form as amended for a trip from Novorossisk to West Africa. Clause 91 of the charter read:
"It is herewith agreed, that should the cargo being presented for loading ... not be of good quality/condition when..
Online Published Date:
17 October 2002
Appeared in issue:
598 - 17 October 2002
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (The "Cape Providence" and The "Great Peace") - Court of Appeal (Lord Phillips MR, May and Laws LJJ) - 14 October 2002
In September 1999 the vessel Cape Providence was on her way from Brazil to China with a cargo of iron ore when she suffered serious structural damage in the South Indian Ocean. The defendant salvage company learned that the vessel was in..
Online Published Date:
31 October 2002
Appeared in issue:
599 - 31 October 2002
Macphail v Oceaneering International Inc - US Court of Appeals (5th Circuit) (Davis, DeMoss and Stewart Ct JJ) - 7 August 2002
The plaintiff worked as a diver for the defendant onboard a dive support vessel operating in the South China Sea. Whilst performing saturation diving (which required him to be "stored" at a depth of 100 feet for a 3-day period), the plaintiff..
Online Published Date:
31 October 2002
Appeared in issue:
599 - 31 October 2002
Asil Gida Ve Kimya Sanayii Ve Ticaret AS as Owner of the M/V "Mustafa Nevzat" v Sosco Qingdao, as Charterer - Before Lucienne Carasso Bulow PhD, Alexis Nichols and Louis P Sheinbaum, Chairman - 21 August 2002
The vessel Mustafa Nevzat was chartered on an amended NYPE form. The vessel was sub-chartered on an amended Norgrain form to carry a bulk soybean cargo from Brazil to the People’s Republic of China (“PRC”).
During the course of..
Online Published Date:
31 October 2002
Appeared in issue:
599 - 31 October 2002