Man Ferrostaal Inc v M/V “Akili” – US Court of Appeals (2nd Circuit) (Winter, Katzmann and Lynch Ct JJ) – 6 December 2012

Carriage of goods by sea – Cargo damaged by improper stowage – US COGSA – Hague-Visby Rules – Whether vessel a COGSA “carrier” – Whether owners entitled to rely on “free-in-and-out” provision in voyage charterparty

Ferrostaal purchased a quantity of thin-walled steel pipes in China for resale to an American company. Ferrostaal arranged for the pipes to be shipped to New Orleans on board the vessel Akili. Akili had been time-chartered to head charterers under a charterparty providing that all bills of lading would incorporate a clause paramount designating the US Carriage of Goods by Sea Act (COGSA) as the controlling law.