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The approach voyage: risk allocation under voyage charterparties
In CSSA
Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (The Pacific
Voyager) [2017] EWHC 2579 (Comm), Popplewell J considered the nature of the
obligation of disponent owners under a voyage charterparty to proceed to the
agreed loadport.
Online Published Date:
05 December 2017
Appeared in issue:
Vol 17 No 9 - 01 November 2017
Toptip Holding Pte Ltd v Mercuria Energy Trading Pte Ltd [2017] SGCA 64
In this appeal from
the first instance decision of Steven Chong J ((2016)
16 STL 8 5), Toptip Holding asserted that a valid voyage
charterparty had been concluded via email on 14 October 2014 and that the
communication by Mercuria, the disponent owner, on 29 October constituted a
repudiation thereof, entitling Toptip to damages in respect of the losses arising
from having to secure a substitute charterparty at a higher rate.
Online Published Date:
05 December 2017
Appeared in issue:
Vol 17 No 9 - 01 November 2017
Charterparty cases under appeal
This
article summarises events in a number of charterparty cases currently, or
recently, before the English Court of Appeal.
Online Published Date:
05 December 2017
Appeared in issue:
Vol 17 No 9 - 01 November 2017
What is the UK limit of liability for wreck?
Surprisingly, a shipowner's rights to limit liability in respect of claims against a wreck are not clear under UK law. Although the ambiguities in question were pointed out at an early stage, the position remains unresolved. This article considers the applicable treaties, legislation and views of eminent authors to demonstrate that the position is unresolved.
Online Published Date:
29 December 2017
Appeared in issue:
Vol 17 No 10 - 01 December 2017
MT "Cape Bonny" Tankschiffahrts GmbH & Co KG v Ping An Property and Casualty Insurance Co of China Ltd, Beijing Branch [2017] EWHC 3036 (Comm)
Due diligence and reasonable expenses This case concerned due diligence and reasonable expenses in the context of general average.
Online Published Date:
29 December 2017
Appeared in issue:
Vol 17 No 10 - 01 December 2017
Coexisting liabilities - The Ocean Victory and commercial practice
During the revision of the industry standard contract for bareboat charters, BARECON, a unique opportunity to address a drafting issue presented itself. Towards the end of the revision process, the UK Supreme Court gave judgment in Gard Marine & Energy Ltd v China National Chartering Co Ltd and Another (The Ocean Victory).1
Online Published Date:
29 December 2017
Appeared in issue:
Vol 17 No 10 - 01 December 2017
Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd (The "MV Yangtze Xing Hua") [2017] EWCA Civ 2107
Act I, scene II: meaning of act or neglect This was the appeal on the interpretation of the meaning of the words "act or neglect" in the Inter-Club Agreement.
Online Published Date:
29 December 2017
Appeared in issue:
Vol 17 No 10 - 01 December 2017
Sino Channel Asia Ltd v Dana Shipping & Trading Pte Singapore and Another [2017] EWCA Civ 1703
Course reversal on service of shipping agents Service of arbitration proceedings - the role of agents in shipping
Online Published Date:
29 December 2017
Appeared in issue:
Vol 17 No 10 - 01 December 2017