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Euro-Baltic Lines Ltd v The Owners of the Ship “Kaliningrad” (The “Nadezhda Krupskaya”) - QBD (Admlty Ct)(Rix J) - 19 February 1997
The defendants were a large Russian shipowner which operated inter alia
liner services between St Petersburg and the United States. The plaintiff was a modern competitor. In January 1994 the plaintiffs started a liner trade between St Petersburg..
Online Published Date:
01 March 1997
Appeared in issue:
452 - 01 March 1997
Medtank Ltd v Adam Maritime Corporation (The “Alaska”) - Before Hammond L Cederholm; Jack Berg and R Glenn Bauer (Chair) - 15 August 1996 (SMA - No 3290)
The vessel Alaska
was chartered on the Asbatankvoy form for a voyage from Skikda, Algeria, to one or two safe US Atlantic, Gulf or Caribbean ports. A dispute arose as to demurrage at the loading port.
The charterers claimed that on the disputed..
Online Published Date:
01 March 1997
Appeared in issue:
452 - 01 March 1997
Duke Petroleum Transport Corporation v Texaco Panama Inc (The “Rich Duchess”) - Before Petros M Beys, Jack Berg and Chas F Nisi (Chair) - 9 September 1996 (SMA Award No 3297)
The vessel was chartered for a period of 7 years and 6 months, with charterer’s option to declare another 5 years. The charter contained a clause allowing owners the option during the period of the charter to substitute twice similar vessels...
Online Published Date:
01 March 1997
Appeared in issue:
452 - 01 March 1997
Concorde Line v Superten Shipping Ltd (The “Superten”) - Before Hammond L Cederholm. Robert Wolff and Chas F Nisi (Chair) - 21 September 1996 (SMA Award No 3304)
The vessel Superten
was chartered on the NYPE form for a period of 12 months, 10 days more or less. Lines 19/22 of the charter provided:
“... and capable of steaming, fully laden, under good weather conditions 14 knots on consumption of .....
Online Published Date:
01 March 1997
Appeared in issue:
452 - 01 March 1997
Hoechst Celanese Chemical Group Inc and Anr v Ceres Hellenic Shipping Enterprises Ltd and Ors (The “Clipperventure L”) -Before Francis V Elias, Joseph J Homicki Jr and Dennis Hamilton (Chair) - 21 June 1996 (SMA Award No.3289)
The vessel Clipperventure L
was chartered by Ceres Hellenic Shipping Enterprises Ltd (“Ceres”) to Hoechst Celanese Chemical Group Inc (“Hoechst”) on the Asbatankvoy form for the carriage of a cargo of Vinyl Acetate Monomer..
Online Published Date:
01 March 1997
Appeared in issue:
452 - 01 March 1997
Bentley v Gaisford - Court of Appeal (Sir Richard Scott V-C, Roch and Henry LJJ) - 21 October 1996
The plaintiff solicitors acted for clients who were engaged in an arbitration dispute with shipowners under a charterparty. The plaintiffs’ client terminated their retainer during the course of the arbitration, and requested the plaintiffs to..
Online Published Date:
01 March 1997
Appeared in issue:
452 - 01 March 1997
Mahavir Minerals Ltd v Cho Yang Shipping Co Ltd (The ”MC Pearl”) - QBD (Admlty Ct)(Rix J) - 25 February 1997
During the course of a voyage from Kandla in India to Dubai it was alleged that the container vessel MC Pearl
developed a list and lost 12 containers overboard. Salvage services were subsequently provided to the vessel. The cargo owners brought an..
Online Published Date:
15 March 1997
Appeared in issue:
453 - 15 March 1997
Banque Worms v Owners of the ship ”Maule” and Anr - Privy Council (Lord Browne-Wilkinson, Lord Lloyd, Lord Hope, Lord Hutton and Sir John Balcombe) - 24 February 1997
The vessel Maule
was registered at Limassol in Cyprus. She was mortgaged by her owners to the plaintiff bank in the form required by Cyprus law, which was the same as the Merchant Shipping Act 1894. The owners of the Maule
were one of three..
Online Published Date:
15 March 1997
Appeared in issue:
453 - 15 March 1997
Reefer and General Shipping Co Inc v Great White Fleet Ltd (The ”Kinaros V”) - US Court of Appeals (Cardamone and Winter Ct JJ and Ward DJ) - 12 February 1997
The plaintiff shipowners chartered their ocean-going refrigerated cargo vessel Kinaros V
to the defendants. The charterparty contained the following clause (”the Breakdown Clause”):
”If, during the term of this Charter, the vessel..
Online Published Date:
15 March 1997
Appeared in issue:
453 - 15 March 1997
4 No 1 Douglaston Manor Inc v Bahrakis and Ors - New York Court of Appeals - 11 February 1997
The plaintiff owned sections of both shorelines of the Salmon River in Oswego County and the riverbed in between. It traced its title back to a conveyance from the pristine State of New York in 1792. The issue was whether the plaintiff’s..
Online Published Date:
15 March 1997
Appeared in issue:
453 - 15 March 1997
Halla Merchant Marine Co Ltd v Portserv Ltd and Ors (The “Lok Maheshwari“) - Federal court (Trial Div)(Lutfy J) - 26 February 1997
The plaintiff disponent owners of the vessel Lok Maheshwari
time-chartered her to the second defendant for a period of up to five months, the hire to be paid in advance at the beginning of each 15-day period.
The time-charterers sub-chartered the..
Online Published Date:
29 March 1997
Appeared in issue:
454 - 29 March 1997
General Feeds Inc v Slobodna Plovidba (The “Krapan I“) - QBD (Com Ct) (Colman J) - 12 March 1997
The vessel Krapan 1 was chartered on the Gencon form for the carriage of a cargo of bagged anti-oxidant treated fishmeal from Peru to China. The cargo arrived damaged by fire, heat and smoke. Chinese insurers for the cargo receivers advanced a claim..
Online Published Date:
29 March 1997
Appeared in issue:
454 - 29 March 1997
Fletamentos Maritimos SA v Effjohn International BV (No 2) - Court of Appeal (Simon Brown, Morritt and Waller LJJ) - 21 February 1997
Disputes arose between the applicant (“Marflet“) and the respondent (“Effjohn“) under a joint venture agreement. The disputes were referred to arbitration. Marflet appointed as their arbitrator Mr Bruce Harris and Effjohn..
Online Published Date:
29 March 1997
Appeared in issue:
454 - 29 March 1997