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Dry Log Bulk Carriers v Phaethon International Co SA (The “Bulk Indonesia”) – QBD (Comm Ct) (Leggatt J) [2016] EWHC 3798 (Comm) – 25 November 2016
Charterparty
– BIMCO Piracy Clause – Meaning of phrase “additional insurance costs” in
subcharter
Online Published Date:
01 September 2017
Appeared in issue:
985 - 01 September 2017
London Arbitration 22/17
Demurrage
– Time bar – Whether demurrage claim presented in writing with supporting
documents within stipulated period – Whether claim time-barred
Online Published Date:
01 September 2017
Appeared in issue:
985 - 01 September 2017
Delaware North Marine Experience Pty Ltd v The Ship “Eye-Spy” – Federal Court of Australia (McKerracher J) [2017] FCA 708 – 23 June 2017
Charterparty
– Due diligence – Latent defect – Bareboat charterers bringing admiralty proceedings
in rem for breach of charterparty – Whether shipowners in breach of due diligence
obligation – Whether defect in stern tube assembly was latent – Whether defect caused
by negligence of charterers – Whether charterers in breach of obligations relating
to redelivery – Effect of delivery “as is – where is” – Whether daily rate for delay
in redelivery was a penalty – Whether security for arrest excessive
Online Published Date:
01 September 2017
Appeared in issue:
985 - 01 September 2017
Dainford Navigation Inc v PDVSA Petroleo SA (The “Moscow Stars”) – QBD (Comm Ct) (Males J) [2017] EWHC 2150 (Comm) – 2 August 2017
Arbitration
– Court’s power to order sale of cargo – Whether cargo was “the subject of” the
arbitration proceedings – Whether court had power to make order for sale –
Whether sale should be ordered
Online Published Date:
01 September 2017
Appeared in issue:
985 - 01 September 2017
London Arbitration 25/17
Charterparty
– Redelivery – Hull fouling – Whether charterers redelivered vessel “in like
good order and condition” as on delivery – Whether charterers in breach of
charter
Online Published Date:
18 September 2017
Appeared in issue:
986 - 15 September 2017
London Arbitration 24/17
Charterparty
– Implied term – Newbuild vessel chartered under 10-year bareboat charter –
Parties simultaneously entering into ship management agreement – Charterers
terminating management agreement – Whether bareboat charter contained implied
term that it should terminate on termination of management agreement
Online Published Date:
18 September 2017
Appeared in issue:
986 - 15 September 2017
London Arbitration 23/17
Demurrage – Half rate – Vessel prevented from berthing due to detained presence of earlier vessel following oil spill incident – Whether half time counted on basis of “force majeure” – Whether charterparty contained a “reachable on arrival” provision – BPVOY3 form
Online Published Date:
18 September 2017
Appeared in issue:
986 - 15 September 2017
London Arbitration 27/17
Charterparty
– Cargo shortage – Charterparty providing that owners not to be responsible for
shortages ascertained by shore scales at discharge port so long as seals
remained intact – Receivers making cargo shortage claim against shipowners
based on discharge port shore scales – Owners settling with receivers – Whether
settlement reasonable – Whether owners entitled to indemnity from charterers – Demurrage
Online Published Date:
28 September 2017
Appeared in issue:
987 - 29 September 2017
London Arbitration 26/17
Charterparty
– Repudiation – Charterers failing to provide cargo for vessel – Owners
terminating charter and bringing claims for demurrage and damages – Basis of
assessment of damages claim – Interest
Online Published Date:
28 September 2017
Appeared in issue:
987 - 29 September 2017
DSA Consultancy (FZC) v Owner and/or Demise Charterer of the Vessel “Eurohope” – High Court (Chua Lee Ming J) – 31 August 2017
Admiralty jurisdiction – Plaintiff commencing action in rem for sole purpose of obtaining security in aid of English court proceedings – Whether court had jurisdiction – Whether damages should be awarded for wrongful arrest
Online Published Date:
28 September 2017
Appeared in issue:
987 - 29 September 2017
The “Dream Star” – High Court (Belinda Ang Saw Ean J) – 12 September 2017
Admiralty
– Collision action – Vessels colliding off Singapore – Whether crossing rule or
overtaking rule applied – Apportionment of liability
Online Published Date:
28 September 2017
Appeared in issue:
987 - 29 September 2017