Category: Archive

Archive / English Maritime Cases

Avonwick Holdings Ltd v Webinvest Ltd and Another [2014] EWCA Civ 1436

LOAN AGREEMENT – WITHOUT PREJUDICE RULE – CORRESPONDENCE – DOES RULE APPLY – Claimant award When a Claimant requested correspondences to be admissible in evidence, Defendant objected given they were headed “Without Prejudice and Subject to Contract” and thus privileged.
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Archive / U.S. Maritime Cases

Falcon Navigation (Hanze Goslar) v. Rensselaer Iron and Steel Inc. – SMA 4250 10 April 2015

VOYAGE CHARTER – BALTIC 99 INCORRECT IN REGARDS TO CRANE TYPE – REDUCED LOAD RATE – Owner Award At the time of fixture, the type of crane listed on the Baltic 99 form was incorrect. Charterer claimed the decision to conduct the fixture was based on the listed crane and adjusted the load and discharge rate upon which the allowed laytime was calculated based on what they believed the actual crane could handle. Owner disagreed with this change and brought the case to arbitration.
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Archive / U.S. Maritime Cases

NS United Kaiun Kaisha, Ltd. v. Cogent Fibre Inc. – SMA 4259, 14 Jul 2015

PETITION TO CONFIRM AWARD – CONSECUTIVE VOYAGE CHARTER – VESSEL DRY DOCKED WITHOUT MUTUAL AGREEMENT - IN TURN CARGO NOT PROVIDED – MATERIAL & REPUDIATORY BREACH – Owner Award Owner petitioned to confirm an earlier arbitration award in which the arbitrators held that the Charterer had breached the Charter by not providing cargo for the Vessel. Charterer argued that the arbitrators had acted with complete disregard of past precedent in assessing damages against them and filed a cross-motion to vacate the award.
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Archive / English Maritime Cases

Glencore Energy UK v Cirrus Oil Services – EWHC 87 – 24 Jan 2014

SALES CONTRACT – CRUDE OIL – EMAIL CORRESPONDENCE – FULL TRADING NAME NOT LISTED IN CORRESPONDENCE - IS CONTRACT BINDING – Claimant Award When buyer’s buyer rejected 630K bbls of crude oil as it was blended rather than being from a sole well, buyer maintained no binding contract existed between seller and buyer. Seller subsequently pressed for damages under the Sale of Goods Act 1979, Sections 50(2) and (3) basis buyer’s unlawful repudiation. In addition to maintaining no binding contract existed, buyer in turn rejected the claim for damages under the auspices of Clause 32.1 of BP 2007 GT&Cs for CFR Sales.
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Archive / U.S. Maritime Cases

Sargeant Trading Ltd. & Sargeant Marine, Inc. vs Betteroads Asphalt Corp. – SMA No 4256, 20 Jun 2015

INTEREST ON OUTSTANDING DEMURRAGE- REBILLING COUNTERPARTIES- DELAYED PAYMENTS Outstanding demurrage claims were not paid to the owner due to economic hardship itself caused by non-payment by charterer’s suppliers. Charterer did not deny the validity of the claims yet objected to being charged interest as same was not allowed for within the charter parties.
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Archive / English Maritime Cases

Marco Polo Shipping Co. Pte Ltd v. Fairmacs Shipping and Transport Services Pte Ltd – Court of Appeal, 21 Aug 2015

ESTABLISHING MARKET VALUE - TORT OF CONVERSION - DAMAGES - SUPPLY CHAIN - Buyer Award While the Vessel was en route to the discharge port, the Vessel was withdrawn from the Contract Carriers’ service when they defaulted on hire and the cargo of river sand onboard was sold to mitigate the Owners’ losses. However, the Buyer argued that this constituted a tort of conversion and filed for damages against the Contract Carriers and the Owners basis an alleged market price of the sand.
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Archive / English Maritime Cases

London Arbitration 8/15

VESSEL DAMAGED BY STEVEDORES – WHETHER 24 HOURS NOTICE REQUIRED BY OWNER – COMPETING CLAUSES WITHIN FIXTURE - Owner Award The vessel sustained damage during the loading and discharging of a cargo of logs Owner requested that the charterer pay for the repairs per 2 clauses included in the charter party. However, relying upon a 3rd clause Charterers believed owner was required to provide notice within 24 hours of the damage and thus refused to pay.
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Archive / Market Trends

Market Trends Through Sept 2015

These charts represent freight rate trends (USD/M.T.) over a three-year period for 1,000 M.T. lots of easy liquid chemicals between Houston, Rotterdam, Mediterranean, Brazil, Latin America, Asia Pacific and Kandla. Data provided by New England Tanker Chartering, Inc. (NETCO).
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Archive / U.S. Maritime Cases

Agathonissos Special Maritime Enterprise v. ST Shipping & Transport PTE, Ltd. (The “Agathonissos”) – SMA No. 4248, 27 Mar 2015

ASBATANKVOY – PARTIAL FINAL AWARD – PARTIAL DEMURRAGE COLLECTION -- DELAYS AT OTHER PORTS EXTENDING FROM COLLISION AND REPAIRS – Owner Award Due to a collision in port Owner was required to repair the Vessel. Because of the delay the Owners contended that they should receive partial demurrage payment for the period after the collision. Charterer believed that a full hearing covering the entire voyage should be concluded before judgement can be passed on the demurrage from any single part of the voyage.
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Archive / English Maritime Cases

London Arbitration 6/15

GENCON – LENGTHY LOAD PORT DELAYS – DEMURRAGE -- VALIDITY OF BILLS OF LADING – CARGO LIEN – Owner Award In this dispute significant load port delays led to the Owner and Charterer negotiating an addendum including supplemental compensation. Charterer did not establish a line of credit on time with Owner subsequently deeming the Charterer’s agents’ bills of lading invalid and exercised a lien on the cargo for the outstanding demurrage.
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