The Court of Appeal handed down a judgment this week in MSC Mediterranean Shipping Company SA v Glencore International AG [2017] EWCA Civ 365 relating to a dispute arising out of the Electronic Release System (“ERS”) in operation at the port of Antwerp.… Continue Reading
With the inclusion of an electronic bills of lading clause in the latest iteration of the NYPE form, as well as the International Group of P&I Clubs’ approval of 3 electronic trading systems, we discuss some of the possible advantages and disadvantages of such systems to international trade. Are the benefits that such systems are … Continue Reading
Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd (“The Bao Yue”) [2015] EWHC 2288 (Comm) The dispute related to a cargo of iron ore carried from Iran to China by the Defendant Shipper. The bill of lading had been issued “to order”, with no consignee named. The Shipper was requested to discharge … Continue Reading
Ebola continues to spread in West Africa with the latest reports indicating that over 2,630 people have died since the outbreak began. Yesterday, Malta turned away a vessel travelling from Guinea to Ukraine over fears that a crew member may have been infected with Ebola. Fears were also raised in New Orleans in connection with … Continue Reading
More than 1000 people have died in West Africa following the current outbreak of Ebola which began in March 2014. Guinea, Sierra Leone and Liberia are the worst affected countries but deaths have now also been reported in Nigeria, a major port for oil export. Tradewinds has reported that two bulker bookings for Guinea have … Continue Reading
Owners chartered their vessel by way of a charter containing a London Arbitration clause, for a carriage from Turkey to Liberia. The vessel was sub-chartered, and three bills of lading issued to cover the cargo, each naming the same consignee and incorporating the charter terms. The consignee claimed for cargo damage and commenced proceedings against … Continue Reading
In Caresse Navigation Ltd v Office National d’Electricite (The Channel Ranger) [2013] EWHC 3081 (Comm), the court considered whether a reference in a bill of lading to the incorporation of a charterparty “English law and arbitration” clause should be read as referring to a clause in the relevant charterparty which conferred jurisdiction on the English … Continue Reading
In Dry Bulk Handy Holding Inc v Fayette International Holdings Ltd (The “Bulk Chile”) [2013] EWCA Civ 184, the court considered whether a shipowner is entitled to demand payment to himself of freight under his bill of lading when that contract stipulates for payment to another party, provided the shipowner makes his demand before the … Continue Reading
