Tag Archives: Case Law

Vitol SA v Beta Renowable SA

The High Court has handed down Judgment in Vitol SA v Beta Renowable SA [2017] EWHC 1734 (Comm) highlighting the importance of ensuring that communication and conduct for the purpose of accepting repudiatory breach is clear and unambiguous. This concerned a contractual dispute between Vitol, a major oil trader, and Beta Renowable Group, a manufacturer … Continue Reading

The importance of the arbitration notice: make sure it is sent to the right person

Sino Channel Asia Ltd v. Dana Shipping and Trading Pte Singapore and Another [2016] EWHC 1118 (Comm) A recent English High Court decision serves as a reminder of the importance of taking great care in relation to service of notice to commence arbitration. The case concerned whether the notice was sent to the correct party. … Continue Reading

Court of Appeal finds that money paid by a bank under an on demand performance guarantee was not held on trust for the bank by the recipient

Reed Smith  (Charles Weller) recently acted for the successful Respondents in Wuhan Guoyu Logistics Group Co Ltd v Emporiki Bank of Greece SA [2013] EWCA Civ 1679. The Respondents were sellers under a shipbuilding contract. The Applicant was the buyers’ bank. When the buyers refused to pay an instalment due under the contract, the sellers … Continue Reading

Commercial Court considers issues regarding the incorporation of a charterparty jurisdiction clause into a bill of lading

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

Court rules on liability for damage caused by breach of an unsafe port warranty

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 … Continue Reading

Court considers whether Owners had affirmed a charter by allowing discharge before withdrawal for non-payment of hire

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 Charterers’ … Continue Reading

Tribunal considers broker’s authority to fix vessel on behalf of Owners

London Arbitration 7/13 The Tribunal was required to decide whether the parties to the arbitration had in fact concluded a fixture. At the time they were both interested in doing so, and negotiations took place through an experienced broker who acted as an intermediary. Charterers argued that the broker had actual authority to conclude fixtures … 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

A term as to satisfactory quality is to be implied into Norwegian Saleform 1993 by way of section 14 of the Sale of Goods Act 1979

In Dalmare SpA v Union Maritime Ltd (The “Union Power”), the court was required to decide whether a term as to satisfactory quality was to be implied into an MOA on the Norwegian Saleform 1993. The MOA provided at clause 11 that the vessel was to be “delivered and taken over as she was at … Continue Reading

Commercial Court holds that in order to recover under an amended off-hire clause, Charterers must show a net loss of time to the service

In Minerva Navigation Inc v Oceana Shipping AG (The “Athena”), the Commercial Court considered the nature of the loss of time which Charterers were required to prove in order to bring the vessel within the off-hire provisions of an amended NYPE 46 charterparty. Clause 15 of the charterparty provided as follows (with amendments from the … Continue Reading

Reed Smith comments on “The Aquafaith”: Early Redelivery under Time Charters

An article by Edward Yang Liu, Legal Assistant at Reed Smith Richards Butler in Hong Kong, commenting on Isabella Shipowner SA v Shangang Shipping Co Ltd (The “Aquafaith”) (2012) EWHC 1077 (Comm) has been published in Shipping and Trade Law. The article considers the issues examined by the court, in particular whether Owners could refuse … Continue Reading

Seizure by Pirates held to be an Off-Hire Event

In Osmium Shipping Corp v Cargill International SA [2012] EWHC 571 (Comm), the Commercial Court considered the grammatical structure and syntax of an off-hire clause in the context of whether seizure of the vessel by pirates constituted an off-hire event. The charterparty was on an amended NYPE 1946 form, and the off-hire clause in question … 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

The “Triton Lark”: CONWARTIME 1993 and the risk of pirate attacks in the Gulf of Aden

The Commercial Court has considered the true construction and implementation of the CONWARTIME 1993 clause in a time charter on the NYPE form (Pacific Basin IHX Limited v Bulkhandling Handymax AS [2011] EWHC 2862 (Comm)). The “TRITON LARK” was instructed to carry a cargo from Hamburg to China, via Suez and the Gulf of Aden. … Continue Reading
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