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Shell International Petroleum Co. Ltd. v. Gibbs (The Salem) - House of Lords (Lords Diplock, Scarman, Roskill, Brandon and Brightman) - 17 February 1983
Shell had been deprived by fraud of a cargo of nearly 200,000 tons of crude oil which they had bought on cif terms. The facts of the case are probably well known by now. Conspirators in South Africa had bought the vessel Salem
, manned her and..
Online Published Date:
03 March 1983
Appeared in issue:
87 - 03 March 1983
Oceanica Castelana Armadora S.A. v. Mineralimportexport - Q.B.D. (Com.Ct.) (Lloyd J.) - 27 January 1983
In November 1981 the plaintiffs obtained Mareva injunctions over the defendants’ assets within the jurisdiction including cargoes of coke aboard vessels loading at the port of Barry, South Wales. The defendants wished to obtain the release of..
Online Published Date:
03 March 1983
Appeared in issue:
87 - 03 March 1983
The Antaios (No. 2) - Q.B.D. (Com.Ct.) (Staughton J.) - 19 November 1982
This was an application for leave to appeal under the Arbitration Act 1979. There had been three concurrent arbitrations involving shipowners, charterers, sub-charterers and sub-sub-charterers. The question in issue was whether owners were entitled..
Online Published Date:
03 March 1983
Appeared in issue:
87 - 03 March 1983
The Antaios (No. 2) - Q.B.D. (Com.Ct.) (Staughton J.) 19 November 1982
This is not quite as confusing as it sounds! The new section 6A of the Arbitration Act 1979 provides:
Unless the High Court gives leave, no appeal shall lie to the Court of Appeal from a decision of the High Court -..
Online Published Date:
03 March 1983
Appeared in issue:
87 - 03 March 1983
Crossoceanic Navigational Services Pte. Ltd. v. The owners of and other persons interested in the vessel Enfield (The Enfield) - Singapore Court of Appeal - 28 May 1982
The plaintiffs were ship agents in Madras employed by the defendants in respect of their vessel Enfield
. The plaintiffs claimed to be owed money for disbursements made on behalf of the Enfield
and arrested the vessel at Singapore on 15 May 1980...
Online Published Date:
03 March 1983
Appeared in issue:
87 - 03 March 1983
The Aegean Sun - Supreme Court - SALR December 1982 (4)
The plaintiffs were consignees of a cargo of rice carried on board the defendants’ vessel Aegean Sun
for delivery at Abidjan. En route the ship and cargo had been damaged and the ship forced to put into Cape Town for repairs. Part of the rice..
Online Published Date:
03 March 1983
Appeared in issue:
87 - 03 March 1983
The Tento - U.S. Court of Appeals (9th Circuit) - 20 December 1982
The Tento
was a Norwegian flag vessel owned by I/S Norexim. Owners time-chartered her to Aspen Steamship Co., who sub-chartered her to Coin S.A. Both Aspen and Coin operated from New York City. The Tento
had significant trade at U.S. ports...
Online Published Date:
03 March 1983
Appeared in issue:
87 - 03 March 1983
Intercontinental Natural Resources Ltd. v. Hunter Shipping Co. (The Michael L - District Ct. (SDNY) - 23 December 1982
The charterparty (dated 1974) provided that any disputes should be submitted to arbitration earlier in New York or London (whichever place was specified in Part I of the charter). Each party was to appoint its own arbitrator and the two so chosen..
Online Published Date:
03 March 1983
Appeared in issue:
87 - 03 March 1983
The Baltico - Q.B.D. (Adm.Ct.) (Sheen J.) - 29 November 1992
On 17 August 1982 the plaintiffs, Harrisons (Clyde) Ltd., issued a writ in rem
against the vessel Baltico
claiming the sum of £113,069 from her owners in respect of disbursements made on their behalf. The vessel was arrested at Hartlepool..
Online Published Date:
17 March 1983
Appeared in issue:
88 - 17 March 1983
Vinava Shipping Co. Ltd. v. Finelvet A.G. (The Chrysalis) - Q.B.D. (Com.Ct.) (Mustill J.) - 15 December 1982
The Chrysalis
was one of the 60 or so vessels trapped in the Shatt-al-Arab as a result of the Iran/Iraq war. She had been chartered on the NYPE form on 19 March 1980 for a time charter trip. She loaded cargo in America and berthed at Basrah for..
Online Published Date:
17 March 1983
Appeared in issue:
88 - 17 March 1983
The Saint Anna - Q.B.D. (Adm.Ct.) (Sheen J.) - 1 March 1983
The plaintiffs chartered the Saint Anna
from the owners on an Exxonvoy 1969 form that provided for any disputes arising from the contract to be submitted to arbitration. A dispute arose over alleged short delivery of the cargo of oil. The dispute..
Online Published Date:
17 March 1983
Appeared in issue:
88 - 17 March 1983
2/83
The vessel was chartered on a Gencon form for the carriage of a cargo of bulk bentonite from two Greek ports to Amsterdam. The Hague Rules were incorporated into the charter by virtue of a Clause Paramount.
The present issue related to a..
Online Published Date:
17 March 1983
Appeared in issue:
88 - 17 March 1983
The Span Terza (No. 2) - Court of Appeal (Waller, Watkins and Kerr L.JJ.) - 4 March 1983
The Span Terza
was chartered on the NYPE form, clause 3 of which provided:
- 3. That the . . . owners at the port of re-delivery, shall take over and pay for all fuel remaining on board the vessel . . . Prices: current price at port of delivery,..
Online Published Date:
17 March 1983
Appeared in issue:
88 - 17 March 1983
Polish Steam Ship Co. v. Atlantic Maritime Co. (The Garden City (No. 2)) - Q.B.D. (Adm.Ct.) (Parker J.) - 25 February 1983
On 19 March 1969 a collision occurred between the plaintiffs’ vessel Zaglebie Debrowski
and the defendants’ vessel Garden City
. In a collision action in 1976 it was held that the vessels were respectively 60% and 40% to blame. On 27..
Online Published Date:
17 March 1983
Appeared in issue:
88 - 17 March 1983
Sotiros Shipping Inc. v. Sameiet Solholt (The Solholt) - Court of Appeal (Sir John Donaldson M.R., Dillon L.J. & Sir George Baker) - 11 March 1983
The defendant sellers agreed to sell their vessel Solholt
to the plaintiff buyers for $5 million. The contract was on the Norwegian Sale Form and called for delivery not later than 31 August 1979, failing which the buyers were to have a right of..
Online Published Date:
31 March 1983
Appeared in issue:
89 - 31 March 1983
Ameropa A.G. v. Marcoluna Shipping Corpn. S.A. (The Angelina The Great - Court of Appeal (Ackner & Oliver L.JJ.) - 16 February 1983
The plaintiff cargo owners in this action were allowed to extend the period of time for service of the writ by a few days even though their solicitors only obtained instructions to serve the writ some 23 days before the period for service..
Online Published Date:
31 March 1983
Appeared in issue:
89 - 31 March 1983
Aktieselskbet de Danske Sukkerfabrikker v. Bajamar CIA Naviera S.A. (The Torenia) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 18 February 1983
The vessel Torenia
was chartered to carry a cargo of 10,000 tons of sugar from Cuba to Denmark. In the course of this voyage she encountered rough weather conditions of a type which ought to have been and probably were well within the contemplation..
Online Published Date:
31 March 1983
Appeared in issue:
89 - 31 March 1983
Metals and Ores PTE Ltd. & Anor. v. Compania De Vapores Stchr S.A. The Tolmidis) - Q.B.D. (Com.Ct.) (Neill J.) - 17 February 1983
The plaintiffs were owners of a cargo of manganese ore which was to be shipped on the defendant’s vessel Tolmidis
from Baltimore to the Far East. The bills of lading were subject to the U.S. Carriage of Goods by Sea Act 1936. In January 1978..
Online Published Date:
31 March 1983
Appeared in issue:
89 - 31 March 1983
Act, neglect or default in the management of the ship
Held
, that when the vessel was flooding in the Chesapeake Bay the valves must have been in the position recorded in the inspection of 9 February 1978. Although the crew had only a short amount of time to close the valves, it should have been the..
Online Published Date:
31 March 1983
Appeared in issue:
89 - 31 March 1983
The Pacific Sun - (Arbitrators - Francis J. O’Brien, Jack Berg and David R. Owen) - 19 January 1983
The charterparty was on the Texacotime 2 form, the relevant clauses providing:
- 3. Owner hereby lets, the charterer hereby hires, the vessel herein described for the term of [12 months, 30 days more or less, charterer’s option.] . . .
11. ...
Online Published Date:
31 March 1983
Appeared in issue:
89 - 31 March 1983