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Can Charterers withhold hire without Owners’ consent, even if the vessel was off hire on the hire due date and where they had agreed deductions from hire would not be allowed without Owners’ written agreement?

Key facts

Under a charterparty dated 13 April 2021 on a heavily amended NYPE 1993 form, Bulk Trident Shipping Ltd (”Owners”) trip time chartered the “Anna Dorothea” (the “Vessel”) to Fastfreight Pte Ltd (“Charterers”) for the carriage of a bulk cargo from East Coast, India to China (the “Charterparty”).Continue Reading To have and to (with)hold – Fastfreight Pte Ltd v Bulk Trident Shipping Ltd [2023] EWHC 105 (Comm) The “Anna Dorothea”

In our October 2021 blog “Possession as we (don’t) know it!”, we discussed the existing position under English law in respect of electronic trade documents and the scope for reform in light of the Law Commission’s consultation paper and draft legislation “Digital assets: electronic trade documents (2021) Law Commission Consultation Paper No 254”, published on 30 April 2021.
Continue Reading Solving the ‘possession’ problem – Law Commission publishes draft legislation for the legal recognition of electronic trade documents

On appeal by the charterer, the High Court overturned the award of a London tribunal ordering the charterer to indemnify the disponent owner for the payment it had made to the owner of the vessel in settlement of the latter’s claim for a 50% contribution to the sum paid to cargo receivers for damage to cargo. The cargo had been loaded heat damaged and the shippers’ statement on the bill of lading (as agents for the charterer) that the cargo was “clean on board” and “in apparent good order and condition” did not constitute a warranty in respect of the condition of the cargo nor did it preclude the master from taking reasonable steps to verify the condition of the cargo.

Background

Noble Chartering Inc (“Noble”), disponent owner of the MV Tai Prize (the “Vessel”) voyage chartered the Vessel to Priminds Shipping (HK) Co Ltd (“Priminds”) for the carriage of a cargo of heavy grains, soya and sorghum in bulk from Brazil to China (the “Charterparty”).

The bill of lading issued by the shipowner, drafted by the shippers and offered for signature by or on behalf of the Master of the Vessel (the “Bill of Lading”), described the cargo as being “…Clean on Board…” and “SHIPPED…in apparent good order and condition…”. It also incorporated the Hague Rules. Agents on behalf of the Master issued the Bill of Lading without any reservations.Continue Reading Shipper’s presentation of bill of lading for signature is merely an invitation to master to make his own assessment of cargo’s apparent condition on loading: Priminds Shipping (HK) Co Ltd v Noble Chartering Inc, Tai Prize [2020] EWHC 127 (Comm)

Clients are always on the lookout for commercial advice that helps to manage modern trends and current challenges. In the transportation and logistics industry this includes the opportunities created by new technologies as well as the global demand for sustainability. In response, law firms need to reassess their offering and provide comprehensive assistance to clients along the supply chain.

Blockchain

New technologies have enabled businesses to integrate new processes across the supply chain. The goal, unsurprisingly, is to increase efficiency and unlock potential as processes become more advanced and customer demand more complex.Continue Reading Modern trends and challenges for supply chains: emerging technologies and environmental consciousness