Comment and analysis by Reed Smith lawyers on the latest developments in the shipping industry
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 …
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…
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…
Posted on behalf of Steven Avery.
In NYK Bulkship (Atlantic) NV v Cargill International SA (The Global Santosh) [2014] EWCA Civ 403 the Court of Appeal considered the true construction and application of a proviso to an off-hire clause dealing with the capture, seizure, detention or arrest of the vessel.
Background
Pursuant to a charterparty…
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…
The Court of Appeal has reversed the first instance decision in Minerva Navigation Inc v Oceana Shipping AG (The “Athena”).
Facts
The vessel was chartered on the NYPE 46 form. Clause 15 provided as follows (with amendments from the standard form clause underlined):
“… in the event of loss of time from … default …
The overthrow of President Mohammed Morsi by the Egyptian military has resulted in violent scenes, civil unrest and hundreds of deaths across Egypt. Many in the maritime world are watching closely to see what effect, if any, the events in Egypt will have on the Suez Canal. The Suez Canal is, of course, one of…
London Arbitration 15/13
The Claimants chartered the Vessel to the Respondents on an amended NYPE form. The Respondents agreed a sub-voyage charter for the carriage of 50,000mt corn in bulk, 10% more or less in the Respondents’ option, from Brazil to Indonesia.
In arbitration proceedings between the parties, four key issues were decided:
…
In Gard Marine & Energy Ltd v China National Chartering Co Ltd (The “Ocean Victory”) [2013] EWHC 2199 (Comm), the Claimant Underwriters claimed damages from the Defendant Time Charterers where the vessel was lost on departing Kashima port.
Facts
Charterers ordered the vessel, a Capesize bulk carrier, to discharge at Kashima. The vessel sought to…
In White Rosebay Shipping SA v Hong Kong Chain Glory Shipping Ltd [2013] EWHC 1335 (Comm), Owners appealed against an arbitration decision stating that they were unable to claim damages from Charterers in respect of the latter’s renunciation of the charter. The Tribunal had found that by allowing the vessel to discharge cargo after…
