Category: English Maritime Cases
CARGO LIEN -- RIGHT TO RECOVER STORAGE COSTS -- GENERAL AVERAGE -- CONGEN BILLS OF LADING -- Owner Award
Owner exercised his right of lien on the cargo while awaiting the Charterer’s General Average payment due to the Vessel’s main engine breakdown en route to the discharge port. At issue is whether the lien was waived when an average guarantee (rather than an average bond) was given by the consignee; and, whether the Owner could claim the expense of storage costs when exercising the lien.
BPVOY 3 -- VESSEL DETAINED -- RESTRAINT OF PRINCES -- DEMURRAGE LIABILITY -- FORCE MAJEURE -- FOB Buyer Award
In overturning the lower Court ruling, the Court of Appeal held that parties may not be able to rely on Force Majeure clauses where the event is within their reasonable control or that of the parties whom they had delegated their responsibilities.
NYPE 1946 -- TIME CHARTER -- OFF-HIRE CLAUSE MEANING OF “LOSS OF TIME” -- Owner Award
Charterer was liable to pay for the off-hire period while drifting off the discharge port as there was no net loss of time as the discharge berth was unavailable.
UNLAWFUL MEANS CONSPIRACY -- CONFIDENTIALITY WAIVED -- DISCLOSURE FOR JUSTICE -- Claimant Award
Bdocuments that had been presented in a London arbitration were needed by the Claimant to pursue court proceedings against others for alleged unlawful means conspiracy
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BPVOY 4 -- “REASONABLE” OVERAGE FREIGHT -- INCORRECT FREIGHT CALCULATION -- RECOVERY OF OVERPAYMENT -- Owner Award
Owner and Charterer appealed a judgment that found Charterer was liable for a "reasonable" amount (subject to further inquiry) of freight that was overpaid on the Owner’s purportedly miscalculated invoice. At issue is whether freight overage applies for cargo carried in excess of the minimum volume stipulated when the additional port/region was not named in the Overage Section of the contract.
NYPE -- TIME CHARTER -- BACK-TO-BACK CHARTERS -- 1986 US TAX REFORM ACT -- INEMNITY FOR US FREIGHT TAX -- Charterer Award
Tax payable under U.S. Tax Code for transportation income earned by a nonresident alien or foreign corporation is potentially payable for the hire earned by the head owner as well as the income earned by the disponent owner, subject to any exemptions. In this instance the disponent owner was found to be exempt and, therefore, their request for indemnity from the sub-charterer had to fail.
BIMCO PIRACY CLAUSE -- TIME CHARTER -- NECESSITY OF PIRACY INSURANCE -- REIMBURSEMENT OF INSURANCE PREMIUM -- Charterer Award
When the Vessel was instructed to sail on a voyage which took her through the Gulf of Aden -- an area known to be exposed to piracy risks – the Owner undertook insurance against kidnap, ransom, and loss of hire for which they seek reimbursement for the $31K insurance premium. At issue is whether the insurance was "necessary" as stipulated in the BIMCO Piracy Clause.
BPVOY 3 -- NOR VALIDITY -- DEMURRAGE -- NOTICE OF READINESS BY EMAIL -- Charterer Award
At issue is whether Owner may tender a valid Notice of Readiness (NOR) by email. The governing BPVOY 3 charter party, Clause 19, provides a list of six methods by which a valid NOR may be tendered – email is not one of them.
BILLS OF LADING PHRASING -- APPARENT GOOD ORDER -- CARGO QUALITY -- CONDITION OF GOODS -- RETLA CLAUSE -- COGSA -- CONTRACT CONSTRUCTION -- Consignee Award
The Vessel was chartered to carry a cargo of steel pipes. At the loadport, the cargo was inspected and found to be in poor condition as stated in the Survey report and Mates Receipt, however, the Bills of Lading reflected "apparent good order". Consignee claimed for damages stemming from the misrepresented cargo condition in the Bills of Lading. Owner claimed that they were excused from liability under a protective “Retla clause” incorporated in the B/Ls.
BPVOY 4 -- SHIP-TO-SHIP TRANSFER -- BPVOY4 CLAUSE 8 LANGUAGE --VLCC-TO-VLCC TRANSFER -- OWNER RIGHT OF REFUSAL -- Charterer Award
Charterer instructed the VLCC vessel to discharge to two other VLCC’s (floating storage units) via a ship-to-ship transfer. The Owner withheld their approval of the Vessels and Charterer was forced to lighter to smaller vessels instead. Charterer argued that the Owner had breached the charter by wrongfully withholding their approval.
