Category: Singapore Maritime Cases
BUNKERS – MARITIME LIEN – DEMURRAGE DEBT – ARBITRATION CLAUSE – SUB-CHARTER – NYPE FORM – VOYAGE CHARTER – FAILURE TO PAY HIRE – ARREST
The MARIA THEO I was chartered by Sinco from disponent owners, Marchand Navigation Co. on a NYPE form under English law and with the arbitration in London. Sinco then sub-chartered the vessel to Olam under a voyage charter. Olam incurred demurrage charges, which they agreed to pay Sinco, however, Marchand exercised a lien against Olam, stating breach of the charterparty by Sinco for the failure of Sinco to pay hire and for unpaid bunkers.
ADMIRALTY – SALE OF CARGO – DISPUTE OVER CARGO OWNERSHIP – VALIDITY OF BILLS OF LADING – WHETHER CARGO COULD BE SOLD WITH OWNERSHIP DISPUTE
HTL, a UK commodity trading company, claimed ownership of nickel briquettes and held bills of lading for their shipment from Malaysia to India. A dispute arose with BLPL, the alleged contractual carrier, over ownership of the cargo. HTL sought to sell the cargo in Singapore and petitioned the Court to do so in advance of the ownership ruling.
DEMURRAGE – GENCON 1994 FORM – FAILURE TO PROVIDE CARGO – BREACH OF CONTRACT – NON-PARTICIPATING RESPONDENT – UNCITRAL MODEL LAW – COMPENSATORY DAMAGES – NO APPOINTMENT OF ARBITRATOR
The case involved a fixture recap that agreed cargo was to be loaded in Vietnam and delivered to a port in China. The charterers failed to provide the cargo despite repeated requests from the owners. The charterers refused to participate in arbitration and provided no defense.
DEMURRAGE – FAILURE TO NOMINATE VESSEL – BREACH OF CONTRACT – MITIGATION OF LOSS – PRINCIPLE OF MINIMUM PERFORMANCE
This case involves a dispute arising from a trip charter for the shipment of coal from Indonesia to Thailand. The charterparty specified two voyages. The Owner failed to nominate vessels for these shipments, leading to a breach of the charterparty.
