Archives: Voyage Charters

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Loss of cargo due to piracy held not to be an “in-transit loss”

Trafigura Beheer BV v Navigazione Montanari SpA [2015] EWCA Civ 91 The subject vessel was chartered to carry a cargo of oil from Abidjan, Ivory Coast to Lagos, Nigeria. Clause 46 of the charter (on an amended BPVOY3 form) incorporated the Hague-Visby Rules, which contain exemptions in respect of loss or damage arising or resulting … Continue Reading

Court considers the documents required to be supplied in support of a demurrage claim under BPVOY4

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

Owners’ demurrage claim succeeds where Charterers fail to bring themselves within a force majeure clause

London Arbitration 3/15 A vessel was chartered for one voyage from “1-2 load berth chop always afloat Santander” to a port in the UK. Charterers ordered the vessel to load bulk bauxite at a berth adjacent to one where cars were waiting to be loaded. Although all reasonable preventative measures were taken, the loading of … Continue Reading

Ebola fears impact on vessels travelling from West Africa

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

Ebola and its effect on shipping contracts

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

Tribunal finds that time bar does not apply in circumstances where no cargo was loaded

Also written by Alexander Sandiforth. London Arbitration 10/14 The vessel was the subject of a voyage charter containing the following at clause 11: “Any dispute arising from and in respect of this Charter Party shall be referred to and settled by arbitration in London … Any claims must be made in writing within 3 (three) … Continue Reading

Tribunal finds that lack of adequate mooring facilities meant that a vessel was not “in every way fitted for the voyage”

London Arbitration 11/14 The vessel was the subject of a voyage charter, under which the vessel was not accepted for loading. Owners argued that the rejection amounted to a repudiatory breach by Charterers and claimed damages for that breach plus damages for detention. Charterers argued that it was Owners who were in repudiatory breach, because … Continue Reading

Tribunal comments on validity of NOR and whether laytime stopped running during suspension of loading

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

Court considers whether Owners were reasonable in withholding their approval of Charterers’ proposed discharge vessels

In Falkonera Shipping Co v Arcadia Energy Pte Ltd (The “Falkonera”), the Court considered issues arising from the Claimant Owners’ withholding of approval to discharge from the chartered VLCC to two other VLCCs by STS transfer. Charter Terms Owners chartered the “FALKONERA”, a VLCC, to the Defendant Charterers on an amended BPVOY4 form. Clause 8.1 … Continue Reading

Tribunal considers the relationship between “always accessible” and “weather working day” provisions

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

Tribunal considers laytime and demurrage issues where Charterers have the option to discharge at a second port

In London Arbitration 6/12 ((2012) 858 LMLN 4), the Tribunal considered whether an additional clause giving Charterers the option to discharge at a second part (in which event time was to count from arrival at the pilot station to dropping outward pilot) operated independently of the charterparty laytime code. The vessel was chartered on an … Continue Reading

Court of Appeal considers issues relating to Oil Major Approvals

The Court of Appeal’s judgment in Transpetrol Maritime Services Limited v SJB (Marine Energy) BV (the “Rowan”) [2012] EWCA Civ 198 is interesting in two respects: 1. It considered the meaning of clause 18 of the Vitol terms, which provides under the heading “Oil Company Approvals Clauses” that “Owner warrants that the Vessel is approved … Continue Reading

Do you know who you are contracting with? The Commercial Court’s decision in TTMI Sarl v Statoil ASA [2011] EWHC 1150 (Comm)

In TTMI Sarl v Statoil ASA [2011] EWHC 1150 (Comm), the Court was required to consider whether the Defendant Voyage Charterers had contracted with the Claimant Disponent Owners, or with the Claimant’s parent company. In the fixture recap which fixed the terms of the charterparty, the shipbrokers had mistakenly named the Claimant’s parent company, rather … Continue Reading

Does time count when spent deslopping at anchorage awaiting berthing instructions?

This is the question with which we were recently faced in the context of a Shellvoy 6 Form Charterparty providing that “time shall not count … when … b) spent in carrying out vessel operations, including but not limited to bunkering, discharging slops and tank washings, and handling ballast, except to the extent that cargo … Continue Reading
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