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Trans-Tec International SRL, World Fuel Services (Singapore) Pte Ltd v the“Columbus” and the “Vasco da Gama” [2020] EWHC 3443 (Admlty)

Reed Smith (Charles Weller and Nick Wright) recently acted for the successful claimants (“WFS”) in two in rem claims against cruise ships “Columbus” and “Vasco da Gama”.  The claims derived from WFS providing multiple bunker stems to the cruise ships, for which WFS remained unpaid. The decision of the Admiralty court provides useful guidance on … Continue Reading

Guarantees

This blog post explores the different ways of drafting guarantees and how this interacts with the obligations of parties within the shipping industry. What is a guarantee? A contract of guarantee is an undertaking given by one party (the guarantor) to another party (the beneficiary) to pay the principal obligor’s debts or to perform their … Continue Reading

Buyer beware: Pre and post delivery issues under Shipbuilding Contracts

The global order book for new vessels has been hit by the economic fall out of the pandemic, associated supply chain issues, over-supply and reduced demand in sectors such as offshore. However, with a globally ageing fleet and an increasing demand for greener and more efficient vessels, the shipbuilding market is expected to recover and … Continue Reading

Final and binding or just binding? Term in trade recap stating that a certificate of quality is binding is qualified by the BP GTCs 2007: Septo Trading Inc. v Tintrade Limited [2020] EWHC 1795 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Teare, 8 July 2020

Background This dispute arose out of a contract for the sale and purchase of fuel oil on FOB Ventspils, Lativa terms between Septo Trading Inc. as Buyer and Tintrade Limited as Seller. The sale contract was evidenced by a trade recap which incorporated the BP general terms & conditions for sales and purchases of Petroleum … Continue Reading

Notice requirements to prevent the time bar under the Inter Club Agreement

Recently, Lloyd’s Maritime Law Newsletter reported on a recent arbitration award in which Reed Smith acted, regarding the requirements for notice under the 1996 Inter-Club Agreement (ICA), as amended in 2011. The decision concerned a notice that, on the face of it, bore no resemblance to a usual ICA notice as it: a) was given … Continue Reading

‘Shipper’ proves it was not the shipper and avoids claim for cargo explosion: MVV Environment Devonport Ltd v. NTO Shipping GmbH & Co. KG MS Nortrader [2020] EWHC 1371 (Comm), “MV NORTRADER”

Summary The claimant was named as shipper on a bill of lading for a consignment of cargo on the MV Nortrader, despite not being a party to the contract of carriage. The defendant, the owner of the vessel, suffered losses after a cargo explosion occurred on board the vessel shortly after the cargo had been … Continue Reading

Part 2 – Take care before crossing the Rubicon

In an alert last year, we looked at payment obligations under English law and how payment instruments commonly referred to as ‘guarantees’ may be misleading. This is despite their being crucial components to security in a commercial context. The recent decision of the English Commercial court, Shanghai Shipyard Co Ltd. v. Reignwood International Investment (Group) Company [2020] EWHC … Continue Reading

Safe-berth clauses bind to a warranty of safety: The U.S. Supreme Court brings into agreement U.S. and English law

CITGO Asphalt Refining Co. et al. v. Frescati Shipping Co., Ltd. et al. On March 30, 2020, the U.S. Supreme Court held that “the plain language of the parties’ safe-berth clause establishes a warranty of safety.” The decision brings U.S. law into alignment with the long-standing position under English law, as established by Leeds Shipping … Continue Reading
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