Category: Current

Eleni Shipping Ltd v Transgrain Shipping BV (The “Eleni P”) – QBD (Comm Ct) (Popplewell J) [2019] EWHC 910 (Comm) – 10 April 2019

PIRACY – HIRE – APPEAL – WHETHER CAPTURE AND ARREST CLAUSE APPLIED – WHETHER PIRACY CLAUSE APPLIED Owner claimed for lost hire from Charterer totaling about $5.6 million, the majority of which was lost due to the Vessel being captured by pirates. To support their claim, the Owner stated the capture and arrest clause did not apply since the Vessel was not captured by an “authority” as provided in the clause. Further, it was stated the piracy clause did not apply due to the capture occurring outside the geographical location listed in the clause.  The Owner of the Eleni P...
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Aprile SpA and Others v Elin Maritime Ltd (The “Elin”) – QBD (Comm Ct) (Stephan Hofmeyer QC sitting as a Judge of the High Court) [2019] EWHC 1001 (Comm) – 18 April 2019

DAMAGES – LOSS OF CARGO – WHETHER SEAWORTHINESS IS AN ABSOLUTE OBLIGATION – EXCLUSION CLAUSE – BILL OF LADING  Cargo interests claimed damages against Owner for loss of deck cargo during the voyage. It was asserted that the Owner was liable due to negligence and its failure to ensure the vessel was seaworthy upon commencing the voyage. Owner contended that the exclusion clause provided in the bill of lading was applicable since it covered damages “howsoever caused”.  The cargo interests (Aprile SpA and Others) claimed damages against Elin Maritime Ltd (hereinafter, “Owner”) for the loss of deck cargo resultant from...
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Sonact Group Ltd v Premuda SpA (The “Four Island”) – QBD (Comm Ct) (Males J) [2018] EWHC 3820 (Comm) – 12 December 2018

DEMURRAGE – ASBATANKVOY – ARBITRATION CLAUSE – WHETHER ARBITRATORS HAD JURISDICTION – SETTLEMENT AGREEMENT  Charterer contended Owner’s demurrage and heating cost claim after it was brought to arbitration. It asserted that the claim was not in the arbitrator’s jurisdiction as it arose from the settlement agreement, which did not contain an arbitration clause.  Under an amended Asbatankvoy form the vessel Four Island was chartered for carriage of fuel oil from Kavkaz to the discharge port of Novhodka in Russia. Owner claimed for demurrage and heating costs against Charterers totaling $909,148.08, which was settled in emails where the Charterer agreed to...
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London Arbitration 6/19

SPEED AND CONSUMPTION WARRANTIES – PERFORMANCE CLAIMS – GOOD WEATHER CONDITIONS – DOUGLAS SEA STATE – SIGNIFICANT WAVE HEIGHT  The Charterer claimed for damages for breach in the speed and performance warranty against Owner. Owner contended that there were no periods of time that satisfied “good weather” conditions.  Charterer issued a performance claim against Owner amounting to a total of $128,388.86 for lost time and overconsumption of bunkers during a time charter trip from South Africa to China. Owner contended that they were not in breach of the speed and consumption warranty as there were no days that satisfied the...
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