Comment and analysis by Reed Smith lawyers on the latest developments in the shipping industry
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…
London Arbitration 2/13
The vessel was the subject of a head and sub charter, both of which provided at clause 83 as follows:
“All taxes and/or dues on cargo/freight and/or Charter hire to be for Charterers’ account, except tax and duties levied against the Owners in the country of domicile or ship’s flag.”
Charterers ordered…
London Arbitration 1/13
The vessel was chartered on the NYPE form for nine months. Six months into the charter period, Charterers suggested that the vessel be redelivered on completion of its current voyage as they were having difficulty in fixing cargoes. The parties agreed an addendum stating that the vessel would be redelivered early “after…
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…
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…
BIMCO has published a standard form Charterparty Guarantee, in respect of the guarantee of Charterers’ payment obligations and liabilities under a time charterparty. As well as payments due to Owners by Charterers, the document also incorporates a guarantee in respect of Charterers’ liabilities for other items including bunkers, port charges and stevedoring costs. Owners may…
BIMCO has updated its Radioactivity Risk Clause for time charterparties. Several changes have been made to the clause, including a provision to protect owners against the consequences of unknowingly taking on board ballast water contaminated by radioactivity, and an amendment to the radioactivity survey provision. The latter now provides for a fairer allocation of costs…
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…
Clause 15 of SHELLTIME4 provides as follows:
“Charterer shall accept and pay for all bunkers on board at the time of delivery, and Owners shall on redelivery (whether it occurs at the end of the charter or on the earlier termination of this charter) accept and pay for all bunkers remaining on board, at the…
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…
