Archive for the ‘Disputes’ Category

Challenge against Stern fails in Greek shipyard case

Challenge against Stern fails in Greek shipyard case
Costas Frangeskides, Partner,Holman Fenwick Willan LLP Challenge against Stern fails in Greek shipyard case UPDATED. Lebanese brothers bringing an ICSID claim against Greece have failed to unseat the state’s appointee to the tribunal, prolific French arbitrator Brigitte Stern, on the basis that her...
March 10th, 2017 | Arbiitration, Claims, Disputes, Legal, Shipbuilding and Shipyards | Read More

The BDI@878 loses steam yet again; geopolitics though are on the brink for WWIII

The BDI@878 loses steam yet again; geopolitics though are on the brink for WWIII
John Faraclas The BDI (Baltic Dry Index) gained just three points and now reads 878 points “thanks” to the volatile Capers … Geopolitics are to spill over given some nations unprecedented demands and the fault rests with all six superpowers that look for their vested business interests rather than...
February 27th, 2017 | Comment, Conferences, Seminars, Forums, Disputes, Legal, London Shipping Law Centre, Markets, News, P and I Clubs, Reports, Safety and Security, Shipbuilding and Shipyards, Shipping Indices | Read More

The HFW Briefing: Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV)

The HFW Briefing: Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV)
Baptiste Weijburg, Senior Associate at HFW LLP In what has been treated as something of a test case due to the relatively small amounts at stake (around US$62,500), the Court of Appeal has now helpfully confirmed what some considered to be the commonly held view that a carrier does not need to first...
December 14th, 2016 | Chartering, Claims, Containers, Disputes, Fixtures, Legal, News, Person Profiles | Read More

North P&I Club supports Members in overturning ‘detrimental’ cargo carriage judgment

North P&I Club supports Members in overturning ‘detrimental’ cargo carriage judgment
Daniel Mayne North P&I Club has helped restore the commercial balance between shipowners and cargo interests by successfully supporting a Member in its appeal against a UK High Court decision today (10 November 2016). The Court of Appeal overturned the 5 March 2015 decision in Volcafe Ltd and others v. CSAV,...
November 10th, 2016 | Claims, Disputes, Insurance and Reinsurance, Legal, Marine Insurance, P and I Clubs | Read More

Indu Chitran: Must the innocent party accept repudiation to terminate a contract?

Indu Chitran: Must the innocent party accept repudiation to terminate a contract?
This question may seem simple enough to answer. Many would answer ‘yes’ as it is the traditional view that a contract is terminated on acceptance by the innocent party of the repudiation, and not before. However, the recent Court of Appeal judgment in MSC Mediterranean Shipping Company SA (‘MSC’)...
October 10th, 2016 | Chartering, Disputes, Fixtures, Legal | Read More

STOP PRESS – The effect of non-payment of hire: a resolution

STOP PRESS – The effect of non-payment of hire: a resolution
STOP PRESS – The effect of non-payment of hire: a resolution A much-anticipated judgment of the Court of Appeal has been handed down this morning that addresses the important issue of whether a charterer’s failure to pay hire amounts to a breach of a condition, thereby giving rise to a right...
October 7th, 2016 | Chartering, Disputes, Legal | Read More

HFW Briefing – Confirmation received from the Court of Appeal: the ASTRA was wrongly decided

HFW Briefing – Confirmation received from the Court of Appeal: the ASTRA was wrongly decided
Confirmation received from the Court of Appeal: the ASTRA was wrongly decided In 2013, the Commercial Court in the ASTRA held controversially that the obligation to make punctual payment of hire by...
October 7th, 2016 | Chartering, Disputes, Legal | Read More

ASTRA and SPAR SHIPPING: What happens when a time charterer fails to pay timely hire?

ASTRA and SPAR SHIPPING: What happens when a time charterer fails to pay timely hire?
Legal Assistance and Defence Cover (LADC) is available to Members in addition to the traditional P&I cover. We are very grateful to Ian Teo, Partner at Rajah & Tann’s, Shipping and International Trade, Singapore, for sharing an example of where LADC cover can assist Members in the event of...
September 22nd, 2016 | Associations, Chartering, Claims, Company Profiles, Disputes, Fixtures, Legal, Person Profiles | Read More

INDUSTRY ALERT – Hanjin Line Bankruptcy: Ownership and Return of Leased Containers

INDUSTRY ALERT – Hanjin Line Bankruptcy: Ownership and Return of Leased Containers
In connection with the filing by Hanjin Shipping for bankruptcy: A list of owners of various types of containers (with prefixes) which were previously on lease to Hanjin, has been prepared. ClickHERE to download the document. If you come across any equipment previously on lease to Hanjin Line, this...
September 21st, 2016 | Associations, Claims, Containers, Disputes, Seizures | Read More

More than US$ 300 million worth of cargo seized on board Hanjin vessels in Italian ports

More than US$ 300 million worth of cargo seized on board Hanjin vessels in Italian ports
Alessandro Laghezza More than 5,000 containers due to be delivered in the Italian market are seized under arrest in Italian ports or “frozen” on board Hanjin vessels moored off the Arabian port of Jeddah and sailing to Yantian*. According to Alessandro Laghezza, President  of  the Ligurian Logistic...
September 17th, 2016 | Associations, Containers, Disputes, Markets | Read More

Update – The Longchamp

Update – The Longchamp
Insight / Update – 01 August 2016  Are expenses incurred during negotiation of a pirate ransom recoverable in general average? In The Longchamp [2016] EWCA Civ 708, the Court of Appeal has ruled on an issue that had not previously been considered by the English courts, namely, whether expenses...
August 1st, 2016 | Claims, Corruption, Disputes, Health and Safety, Insurance and Reinsurance, Legal, Marine Insurance, Maritime Fraud, Piracy and Terrorism, Safety and Security, Seizures | Read More

North P&I Club explains how to avoid claims for self-cooking soya beans

North P&I Club explains how to avoid claims for self-cooking soya beans
Tony Baker North P&I Club has advised its members to be extra vigilant during loading and transport of soya beans to ensure they do not get blamed for cargoes that start ‘cooking’ at sea. The advices comes in the latest issue of its loss prevention newsletter Signals. According to North’s...
July 25th, 2016 | Claims, Disputes, Marine Insurance, P and I Clubs, Safety and Security | Read More

The Swedish Club puts root cause of insidents into focus

The Swedish Club puts root cause of insidents into focus
The front cover of “Claims at a Glance” The Swedish Club has launched its latest publication,  Claims at a Glance, which provides an insight into the full range of claims the Club has handled over the last five years, and is intended as a tool to reduce the frequency of incidents for both...
July 11th, 2016 | Claims, Defense, Disputes, Marine Insurance, P and I Clubs, Reports | Read More

MT Maro crew find freedom after two years’ imprisonment

MT Maro crew find freedom after two years’ imprisonment
The crew of the MT Maro on release with their lawyer, Mr Sandeep Singh The 11-strong crew of the MT Maro have finally been released after being held for two years in Nigeria. Revd Boet van Schalkwyk, a chaplain for international maritime charity, Sailors’ Society, has been working with the National...
July 7th, 2016 | Associations, Charity, Disputes, Manning - Seafarers and Offshore, Seizures | Read More

The OW saga – UAE Federal Supreme Court decides that

The OW saga – UAE Federal Supreme Court decides that
The OW saga – UAE Federal Supreme Court decides that physical suppliers of bunkers have no right to recourse against Owners/Charterers In the first decision on the issue from the most senior court in the country, the UAE Federal Supreme Court has decided that physical suppliers of bunkers have...
June 27th, 2016 | Bunkering, Claims, Disputes, Legal | Read More

STOP PRESS – GLOBAL SANTOSH – Supreme Court Ruling

STOP PRESS – GLOBAL SANTOSH – Supreme Court Ruling
STOP PRESS – GLOBAL SANTOSH – Supreme Court Ruling The Supreme Court has today handed down its much anticipated judgment in NYK Bulkship (Atlantic) NV v Cargill International SA. By a majority of four to one (Lord Clarke dissenting), the Supreme Court has allowed Cargill’s appeal and...
May 11th, 2016 | Chartering, Disputes, Legal | Read More

STOP PRESS – OW Bunker – Supreme Court Ruling

STOP PRESS – OW Bunker – Supreme Court Ruling
The UK Supreme Court has today given its eagerly anticipated judgment in the UK test case the “Res Cogitans”. The Supreme Court has unanimously dismissed the appeal and has upheld the decision of the Court of Appeal that a bunker supply contract between OW Bunker and Owners was not covered...
May 11th, 2016 | Bunkering, Claims, Disputes, Legal | Read More

ICS strongly criticises “Prestige” judgement by Spanish Supreme Coury

ICS strongly criticises “Prestige” judgement by Spanish Supreme Coury
At a meeting of the International Oil Pollution Compensation Funds (IOPCF) this week, the International Chamber of Shipping (ICS) has strongly criticised the judgement of the Spanish Supreme Court in the ‘Prestige’ Case.  This judgement (in January 2016, but discussed by the IOPC Funds this week)...
April 29th, 2016 | Associations, Disputes, EEZ, Emissions, Environment, Health and Safety, HR, Insurance and Reinsurance, International Chamber of Shipping, Legal, Marine Insurance, Maritime Accidents, Oceanology, Oil Spill, Organisations, Politics and Government, Pollution, Safety and Security, Salvage, Towage, Wreck Removals, Weather | Read More

London P&I Club warns of dangers arising from carriage of Indonesian coal

London P&I Club warns of dangers arising from carriage of Indonesian coal
Carl Durow The London P&I Club has issued a warning about continued problems associated with the carriage of Indonesian thermal or ‘steam’ coal, following a number of recent incidents involving owners and charterers. Indonesian coal has a propensity to self-heat and/or emit methane. If uncontrolled,...
April 28th, 2016 | Associations, Chartering, Disputes, Health and Safety, Marine Insurance, Maritime Accidents, P and I Clubs, Safety and Security | Read More

HFW briefing – A victory for insurers: the YUSUF CEPNIOGLU

HFW briefing – A victory for insurers: the YUSUF CEPNIOGLU
Richard Strub Many jurisdictions around the world have legislation granting a victim the right to sue a defendant’s insurer directly and without first suing the insured. Such “direct action statutes” have been used in a number of recent cases to sue P&I clubs directly. The issue for clubs,...
April 20th, 2016 | Claims, Disputes, Groundings, Legal, Marine Insurance, News, P and I Clubs | Read More

Court rejects €1.56m claim against marine surveyor accused of poor stowage

Court rejects €1.56m claim against marine surveyor accused of poor stowage
Charlotte Kirk International Transport Intermediaries Club (ITIC) has warned that the wording of instructions can potentially widen the scope of liability for marine service providers, citing the recent case of a marine surveyor sued for €1.56m for alleged poor onboard stowage of a cargo. The marine...
April 4th, 2016 | Associations, Claims, Disputes, Legal, Marine Insurance, P and I Clubs | Read More

Only at 2, 000 plus points the BDI(and Shipping) will make sense…

Only at 2, 000 plus points the BDI(and Shipping)  will make sense…
John Faraclas Whilst the BDI is…approaching the 400 points threshold, in reality and despite what the media and analysts report, as well as what the owners and managers want – needless to say the expectations from the stock markets for the listed companies and the financiers’ interest, given...
March 21st, 2016 | Chartering, Civil Unrest, Containers, Corruption, Disputes, Dry Bulkcarriers, Fixtures, Gas, Health and Safety, Immigration, Markets, News, Oil Industry, Safety and Security, Sales and Purchases, Sanctions, Ship Demolitions, Ship Finance, Shipping Indices, Statistics, Stock Markets, Tankers, Trade and Commerce | Read More

Hot Port News from GAC

Hot Port News from GAC
              15-Jan-2016 ICE RESTRICTIONS Sweden ADDITIONAL 10% PORT DUES CONCESSION FOR CONTAINER VESSELS Singapore INDUSTRIAL ACTION AT PORTS TO CONTINUE Australia Ice restrictions Friday, January 15, 2016, Sweden The Swedish Maritime Organisation...
January 15th, 2016 | Associations, Disputes, Port Conditions, Ports & Terminals, Weather | Read More

Security Institute update

Security Institute update
Jonathon Bright Security Institute – a great time to join; an interesting letter received from Jonathon Bright: Dear John, Just a quick e-mail to wish you a Happy New Year and to highlight a few reasons why it is now a great time to join the largest membership organisation for security professionals...
January 15th, 2016 | Associations, Bribery and Corruption, Claims, Corruption, Defense, Disputes, Health and Safety, Maritime Fraud, Piracy and Terrorism, Safety and Security, Sanctions, Seizures | Read More

2016 – the year of the multi-billion dollar shipping downturn?

2016 – the year of the multi-billion dollar shipping downturn?
Captain John B. Dalby The sitution in the world’s shipping markets and the catastrophe that this crisis brings, are being nicely depicted in Captain John B. Dalby’s letter/message; here he goes: “As we all know, 2016 has started badly for the drybulk and container markets and is likely...
January 10th, 2016 | Disputes, Markets, Seizures | Read More