On 2 February 2018 the Commercial Court allowed an appeal from a decision of the Arbitration Tribunal in Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd. The Judgment serves as a reminder to Owners to ensure that, if they have a claim for demurrage (no matter how it arises under the charter), as … Continue Reading
NYK Bulkship (Atlantic) NV (Respondent) v Cargill International SA (Appellant) (“The Global Santosh”) [2016] UKSC 20 (overturning the Court of Appeal [2014] EWCA Civ 403) The Supreme Court last week handed down an important decision concerning the issue of when a charterer will be held responsible for its agents under a charterparty. Contractual position NYK … Continue Reading
Kassiopi Maritime Co Ltd v Fal Shipping Co Ltd [2015] EWHC 318 (Comm) Owners and Charterers had entered into a voyage charter on the BPVOY4 form. The charter contained the following provisions: Clause 19.7.1: demurrage claims to be accompanied by the vessel’s pumping log signed by a senior officer of the vessel and a terminal … Continue Reading
London Arbitration 20/14 Facts A vessel was chartered on an amended Gencon 94 form, for a part cargo of petcoke. A completion cargo of wheat was also arranged. The petcoke cargo was loaded first, however its receivers had not negotiated a provision that it be discharged first. The wheat cargo was carried on a “last … Continue Reading
London Arbitration 14/14 The vessel in question was chartered by way of a fixture recap. Owners brought a claim for demurrage against Charterers. Charterers argued that the charter did not contain a valid arbitration agreement/clause, and that although they had agreed to pay freight, they had not agreed to be liable for demurrage. Incorporation of … Continue Reading
London Arbitration 4/14. Facts The subject vessel tendered NOR around 75 miles from the loadport of Matadi. At the time she was stated to be “in Matadi Roads”, but was in fact at Banana pilot station rather than Matadi Port Anchorage. She then proceeded to the port of Boma, where she awaited a change of … Continue Reading
ED&F Man Sugar Ltd v Unicargo Transportgesellschaft GmbH [2013] EWCA Civ 1449. The M/V “LADYTRAMP” was chartered on the Sugar Charter Party 1999 Form. Clause 28 of the charter provided for the following exceptions to laytime: “In the event that whilst at or off the loading place or discharging place the loading and/or discharging of … Continue Reading
BIMCO has recently published its Laytime Definitions for Charter Parties 2013. This sets out the meaning and commentary of certain specialist terms such as “reachable on arrival”, “always accessible” and “weather working day”. BIMCO states that the definitions have been developed “to provide practitioners with a set of meanings of commonly-used words and phrases. The … Continue Reading
In London Arbitration 5/12, the Tribunal considered the relationship between the requirement that a berth must be “always accessible” and the “weather working day” provision in the laytime clause in the context of determining whether Owners were entitled to damages independent of the laytime regime. The vessel was chartered on an amended Syconamex form. The … Continue Reading
