Archive for the ‘Disputes’ Category

The BDI@1,296; “thanks” once again to the Capes… but: Caution should be observed!

The BDI@1,296; “thanks” once again to the Capes… but: Caution should be observed!
John Faraclas The BDI (Baltic Dry Index) gained 59 points earlier on today as the questionable Capes’ BCI clinched another three-digit points and now stand at 1,925 which is 186 plus since yesterday… and soon might be over and above the 2,000 threshold! John Faraclas’ daily brief: The Panamaxes’...
December 5th, 2018 | Chartering, Claims, Comment, Defense, Disputes, Dry Bulkcarriers, Events, Conferences,Forums and Symposiums, Groundings, Health and Safety, Insight, Marine Insurance, Maritime Accidents, Markets, News, P and I Clubs, Reports, Safety and Security, Shipping Indices, Statistics, Stock Markets, Tankers | Read More

London Court of International Arbitration finds the Djiboutian Government’s Seizure of Doraleh Terminal Illegal

London Court of International Arbitration finds the Djiboutian Government’s Seizure of Doraleh Terminal Illegal
Tribunal declares validity of the concession agreement DUBAI, United Arab Emirates, August 2, 2018/ — An Arbitral Tribunal of the London Court of International Arbitration (“LCIA”) today confirmed the illegitimacy of the Government of Djibouti’s action of seizing control of the Doraleh Container...
August 2nd, 2018 | Disputes, Legal, Port Conditions, Ports & Terminals | Read More

Eleventh Circuit affirms District Court decision in OW Bunker Case, awarding physical supplier the fair value of the delivered fuel

Eleventh Circuit affirms District Court decision in OW Bunker Case, awarding physical supplier the fair value of the delivered fuel
In an order issued yesterday (May 10, 2018), the United States Court of Appeals for the Eleventh Circuit affirmed a decision from the Northern District of Florida in Martin Energy Services, LLC v. M/V Bravante IX et al., No. 17-10899, awarding Martin Energy Services, LLC (“Martin”), a physical supplier...
May 11th, 2018 | Bunkering, Disputes, Legal | Read More

HRAS News: Update on Shipbreaking in South Asia from the NGO Shipbreaking Platform

HRAS News: Update on Shipbreaking in South Asia from the NGO Shipbreaking Platform
… Update on Shipbreaking in South Asia from the NGO Shipbreaking Platform 1st of May 2018 Brussels. There were a total of 206 ships broken in the first quarter of 2018. Of these, 152 ships were sold to the beaches of South Asia for dirty and dangerous breaking. So far this year, 10 workers have...
May 2nd, 2018 | Claims, Disputes, Health and Safety, HR, ITF, Safety and Security, Ship Demolitions | Read More

HFW Briefing – Discharge of cargo without original bills of lading and letters of indemnity (LOI)

HFW Briefing – Discharge of cargo without original bills of lading and letters of indemnity (LOI)
Rory Butler, Partner HFW  Discharge of cargo without original bills of lading and letters of indemnity (LOI): one of the biggest risks a shipowner or charterer can take LOIs are an essential document to help world trade run smoothly. They are given by cargo interests and parties above them in the contractual...
March 26th, 2018 | Chartering, Disputes, Legal | Read More

The “SONGA WINDS” – Latest Ruling on P&I Club Letters of Indemnity

The “SONGA WINDS” – Latest Ruling on P&I Club Letters of Indemnity
… The decision delivered today by the High Court in Songa Chemicals AS v Navig8 Chemical Pool Inc (2018) constitutes the latest ruling on P&I Club Letters of Indemnity (LOIs) for delivering cargo without the production of original bills of lading, and follows on the footsteps of a number...
March 2nd, 2018 | Chartering, Disputes, Legal, P and I Clubs | Read More

Superyacht refit overspend dispute illustrates danger of acting outside contract

Superyacht refit overspend dispute illustrates danger of acting outside contract
International Transport Intermediaries Club (ITIC) has warned against the dangers of marine service providers informally offering advice which falls outside the scope of their contracts. ITIC cites the case of a yacht manager contracted to provide crew management and ISM consultancy for a superyacht....
December 7th, 2017 | Disputes, Legal, P and I Clubs, Shiprepair, Technical, Technology | Read More

HFW Briefing – MOSCOW STARS: Sale of a cargo under a Charterparty lien

HFW Briefing – MOSCOW STARS: Sale of a cargo under a Charterparty lien
  Louise Lazarou, Associate HFW The Court in Dainford Navigation Inc v PDVSA Petroleo SA1 considered an application pursuant to section 44 of the Arbitration Act 1996 (the Act) for the sale of a crude oil cargo onboard the “MOSCOW STARS” that was the subject of a charterparty lien exercised...
November 8th, 2017 | Arbiitration, Chartering, Disputes, Legal | Read More

ITIC settles off-hire dispute resulting from ship manager’s negligence

ITIC settles off-hire dispute resulting from ship manager’s negligence
International Transport Intermediaries Club (ITIC) recently settled a claim brought against a ship manager for failure to maintain its obligations under a technical management contract, leading to liability for costs incurred when the vessel was denied permission to berth by port authorities in Australia. The...
November 2nd, 2017 | Chartering, Claims, Disputes, P and I Clubs, Shipmanagement | Read More

Trade Union Votes to Tackle Stena Ferries

Trade Union Votes to Tackle Stena Ferries
… Ferry Officers to be Balloted for Industrial Action Nautilus UK branch conference condemns Stena Line threat to UK jobs Stena Line officers could be balloted for industrial action unless the company starts to engage in meaningful negotiations over a threat to UK seafarers’ jobs on its North...
October 3rd, 2017 | Associations, Claims, Disputes, HR, Jobs, Manning - Seafarers and Offshore, Strikes | Read More

ITIC settles dispute after Turkey bars entry to vessel with Cyprus connections

ITIC settles dispute after Turkey bars entry to vessel with Cyprus connections
International Transport Intermediaries Club (ITIC) recently settled a dispute between a shipowner and its Turkish agent for losses arising from the refusal of Turkish port authorities to allow a vessel to berth because of its connection to Cyprus. Turkish regulations prohibit any vessel directly or indirectly...
October 2nd, 2017 | Disputes, P and I Clubs, Ship Agencies | Read More

RMT on Government announcement on public sector pay

RMT on Government announcement on public sector pay
Mick Cash RMT CONFIRMS VOTE FOR ACTION ON STAGECOACH SOUTH WEST BUSES RMT General Secretary Mick Cash said: “Divide and rule will not deflect from the campaign to scrap the pay cap for all and that includes our members on the Royal Fleet Auxiliary down in the Caribbean dealing with the aftermath...
September 12th, 2017 | Associations, Disputes, HR, Rail | Read More

ITIC pays out for pool manager’s acceptance of unacceptable tanker

ITIC pays out for pool manager’s acceptance of unacceptable tanker
International Transport Intermediaries Club (ITIC)* has highlighted the costly consequences of a shipping pool manager’s failure to accurately describe a tanker, leading to a substantial claim by charterers. The pool manager misdescribed the tanker as being acceptable to a specific oil major, even...
June 30th, 2017 | Chartering, Claims, Disputes, Legal, P and I Clubs, Tankers | Read More

Venezia Terminal Passeggeri wins the appeal from Adelte

Venezia Terminal Passeggeri wins the appeal from Adelte
Galliano Di Marco VENEZIA TERMINAL PASSEGGERI ACQUITTED IN SBB PASSENGER BRIDGE DESIGN PLAGIARISM LAWSUIT The Court of Appeal in Barcelona entirely rejected the appeal initiated by Adelte (formerly known as TEAM), a Barcelona-based company specialised in the design of passenger gangways, against the...
April 4th, 2017 | Disputes, Legal, Ports & Terminals | Read More

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