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Articles
Does a claim for time spent waiting for charterers orders fall within a 90 day demurrage time bar provision?
Sunday, 1st April 2018Lukoil 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 2018MSC 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 2017The 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 2017Original 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 2017The 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 2017Gard 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 […]
Bunkering and Evidence
Tuesday, 1st August 2017There are many in the shipping and bunkering industries who maintain that the quality of bunker fuels remains as good now as it did five or ten years ago. This, perhaps unsurprisingly, is generally the view of bunker suppliers. On the other hand, the position maintained by ship-owners and charterers is that the quality of […]
The Meaning of “Port Limits” in a Fixture Recap
Saturday, 1st July 2017The Commercial Court has set out a starting point for construing the meaning of “port limits” in a charterparty. While not offering an exhaustive definition of those words, this decision serves as a useful reminder to parties to ensure that the agreed charter terms reflect their true intention. The background facts Navalmar UK Limited v. […]