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GTS Industries SA v S/S “Havtjeld” - US Court of Appeals (2nd Circuit) (Kearse, Cardamone and Mahoney Ct JJ) - 1 November 1995
The plaintiff shipper brought an action against the shipowners of the carrying vessel for cargo damage. The cargo consisted of 1,660 pieces of steel pipe sheathed in an external polyethylene coating and ten externally bare pipes. The cargo was to be..
Online Published Date:
09 December 1995
Appeared in issue:
420 - 09 December 1995
Stewart & Stevenson Services Inc v The M/V “Chris Way MacMillan” - US District Court (ND Mississippi) (Orlansky US Magistrate Judge) - 20 June 1995
The river towing vessel Chris Way MacMillan
sank at New Orleans. She was raised and placed in drydock. Her propellers and tail shafts were removed by her owners and stored. The shipowners later decided to repower and refurbish the vessel, and..
Online Published Date:
09 December 1995
Appeared in issue:
420 - 09 December 1995
Hyundai Merchant Marine Co Ltd and Ors v United States of America (The “Hyundai New World”) - US District Court (SDNY) (Leisure DJ) - 31 May 1995
The vessel Hyundai New World
ran aground off the coast of Brazil. The shipowners brought an action against the United States for alleged negligent publication and failure to update an inaccurate nautical chart by the Defense Mapping Agency..
Online Published Date:
09 December 1995
Appeared in issue:
420 - 09 December 1995
Youell v Exxon Corporation - US Court of Appeals (Mahoney, McLaughlin and Heaney Ct JJ) - 21 February 1995
The plaintiff underwriters subscribed to a series of Global Corporate Excess insurance agreement with the defendant (“Exxon”) for the period from November 1988 through October 1989 The agreement insured Exxon and some of its subsidiaries..
Online Published Date:
09 December 1995
Appeared in issue:
420 - 09 December 1995
Glencore International AG and Anr v Bank of China (The “Cheng Jen”) - Court of Appeal - 8 November 1995
The first plaintiffs (“Glencore”) were the beneficiaries of two letters of credit (one for 800 metric tons (+/- 2%) and the other for 700 metric tons (+/- 2%) as sellers of a cargo of aluminium ingots. The second plaintiffs were the..
Online Published Date:
23 December 1995
Appeared in issue:
421 - 23 December 1995
London Arbitration 21/95
The vessel was chartered on the Gencon form for the carriage of a cargo of bagged fertilizers. After the vessel had berthed at the discharge port a period was spent obtaining Port Authorities’ clearance. The charterers contended that this..
Online Published Date:
23 December 1995
Appeared in issue:
421 - 23 December 1995
London Arbitration 22/95
This was another dispute arising under London Arbitration 21/95. The charterers sought to make deductions in respect of periods when the ship’s cranes broke down during discharging. They relied upon clause 30 of the charter which..
Online Published Date:
23 December 1995
Appeared in issue:
421 - 23 December 1995
London Arbitration 23/95
This was a further dispute arising under London Arbitration 21/95. During the course of discharging the cargo it was discovered that some bags of ammonium nitrate were contaminated with oil. It was also found that some bags of urea were torn and..
Online Published Date:
23 December 1995
Appeared in issue:
421 - 23 December 1995
London Arbitration 24/95
The vessel was chartered on a Synacomex form for the carriage of a cargo of wheat in bulk from 1-2 berth(s) Tekirdag and/or 1-2 safe berth(s) Toros Terminal to 1-2 safe berth(s) each 1-2 port(s) out of Inchan, Ulsan and Busan in charterers’..
Online Published Date:
23 December 1995
Appeared in issue:
421 - 23 December 1995
London Arbitration 25/95
This was another dispute arising under London Arbitration 24/95. The charterers advanced a claim on the basis, firstly, that the owners had wrongfully delayed in advising of the completion of loading and the signing of clean bills of lading, and..
Online Published Date:
23 December 1995
Appeared in issue:
421 - 23 December 1995
London Arbitration 26/95
The ship was chartered on the NYPE form for a time charter trip. Line 15 of the charter provided that the voyage was to be “with intended cargo of bulk fishmeal powder/pellets and bulk concentrates …”. By lines 18/22 the ship was..
Online Published Date:
23 December 1995
Appeared in issue:
421 - 23 December 1995