Articles

Tackling cargo misdeclaration – a first line of defence against container fires

Friday, 1st June 2018

Stories describing danger at sea change with the times. An increasingly common narrative today is the danger posed by fire that originates with cargo. Cargo fires represent potentially catastrophic risks. The crew is in great danger when a fire breaks out on their ship and every unsuccessful attempt to quickly extinguish the fire increases the […]

Knowing when its time to say goodbye Notices of Abandonment

Tuesday, 1st May 2018

Sveriges Angfartygs Assurans Forening (The Swedish Club) v. Connect Shipping Inc (MV Renos) [2018] EWCA Civ 230 The background facts In August 2012, the RENOS was in the Red Sea when a fire broke out in the engine room. Salvors were appointed under a Lloyds Open Form 2011 (“LOF”) and invoked the Special Compensation Protection and Indemnity Clause […]

Does a claim for time spent waiting for charterers orders fall within a 90 day demurrage time bar provision?

Sunday, 1st April 2018

Lukoil Asia Pacific Pte Limited v. Ocean Tankers (Pte) Limited (Ocean Neptune) [2018] EWHC 163 (Comm)  The background facts. The Shipowners had voyage chartered their vessel to the Charterers on the ExxonMobil VOY 2005 form with Litasco rider clauses. The relevant clauses for the purposes of this dispute were as follows: Rider Clause 2: “….Charterers shall be […]

How long can a carrier claim demurrage for unreturned containers

Thursday, 1st March 2018

MSC Mediterranean Shipping Company SA v. Cottonex Anstalt [2016] EWCA Civ 789 A container line, whose containers had been detained for a few months and seemed to be unlikely to be returned for some time, was not able to claim demurrage from the Shipper for an open-ended period. The background facts This case arose out […]

The importance of the letter of undertaking wording

Thursday, 1st February 2018

“Alpine Tramp SA & another v. Jordan International Insurance Company (Flag Evi) [2016] EWHC 1317 (Comm)” The dispute arose out of a cargo damage claim. The Jordanian cargo underwriters commenced proceedings in Jordan. The vessel Owners and their P & I Club sought an anti-suit injunction in the English Court to restrain those proceedings on […]

Scope of owners’ obligation to proceed to load port with utmost despatch

Monday, 1st January 2018

“CSSA Chartering and Shipping Services SA v. Mitsui OSK Lines Ltd (Pacific Voyager) [2017] EWHC 2579 (Comm)” In this case, the Commercial Court considered a novel point in respect of owners’ obligation under the terms of a voyage charterparty to commence the approach voyage and get the vessel to the load port within a reasonable […]

Due diligence to maintain a vessel’s condition

Friday, 1st December 2017

The owners of the vessels ELLI and FRIXOS let their vessels to the charterers utilising the well-known Shell time 4 form of charter party. During the charter and, indeed, with a considerable period of the charter still outstanding, international regulations regarding the transportation of certain liquid cargoes came into force. Whilst there were a number […]

The perils of misdelivering cargo

Wednesday, 1st November 2017

Original Bills of Lading (“OBL”) frequently end up in cargo owners’ hands long after a vessel is ready to discharge her cargo. This is due to the fact that OBLs, which are often negotiable documents of title, are passed through the payment chain in a series of sale and financing arrangements. OBLs act as proof […]

Ballast Water Management Convention enters into force imminently: recent developments

Sunday, 1st October 2017

The IMO International Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004 (“the Convention”) now has 61 contracting states, representing 68.46% of the world merchant shipping fleet. With the Convention entering into force on 8 September 2017, the IMO’s Marine Environment Protection Committee (“MEPC”) has agreed a new implementation schedule for […]

Construction of Charter Party Terms

Friday, 1st September 2017

Gard Shipping AS v. Clearlake Shipping Pte Ltd (MV Zaliv Baikal) [2017] EWHC 1091 (Comm) The Commercial Court has recently considered the meaning of various demurrage regimes in a voyage charterparty in order to determine whether the Owners were entitled to earn demurrage at an escalated rate. The Court held that the charterparty contained different […]