Category: Current

Articles from the current issue of TANKVOYager.

London Arbitration 27/19

NYPE - DEDUCTION FROM HIRE - SHORE CRANE CHARGES - SPEED - CONSUMPTION After Charterers had deducted hire based on shore crane charges as well as claimed underperformance and overconsumption from a chartered vessel, the Tribunal was left to determine if these charges were reasonable or if the shipowner’s evidence would disprove these actions.
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London Arbitration 26/19

CHARTER PARTY - SPEED AND CONSUMPTION CLAIM - WHETHER CHARTERER ENTITLED TO MAKE DEDUCTION FROM HIRE - WHETHER VESSEL UNDER PERFORMED After Charterer filed a claim against shipowner for speed and over consumption as well as deduction of hire based on a report made by an independent weather bureau, the Tribunal was left to determine if the claim was unreasonable or if the shipowner had failed to make correct claims about the performance of their vessel.
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London Arbitration 25/19

NYPE - VESSEL FAILED INSPECTION - OFF HIRE After Charterers file a claim against shipowners for overpaid hire and damages due to broken cranes during an in-port inspection, the Panel was left to determine if the claim was unreasonable or if the shipowners had failed to follow accords made in the charter party.
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London Arbitration 24/19

TIME CHARTER – AMENDED NYPE CHARTERPARTY – FINAL HIRE – SPEED AND CONSUMPTION – VESSEL UNDERPERFORMANCE – WHETHER CONSIDERED GOOD WEATHER CONDITIONS – BUNKERS ON REDELIVERY After Owners claimed against Charterers for the alleged underperformance of the Vessel and failure to redeliver the Vessel to Owners with the correct amount of bunkers. The Tribunal was then left to determine whether the Charterer provided adequate proof to deny any amount due to Owner.
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Classic Maritime Inc v Limbungan Makmur Sdn Bhd and Another – Court of Appeal (Haddon-Cave, Males and Rose LJJ) [2019] EWCA Civ 1102 – 27 June 2019

CONTRACT OF AFFREIGHTMENT – FORCE MAJEURE – CLAIMED DAMAGES – CHARTERERS OBLIGATION TO PROVIDE CARGO – “BUT FOR” TEST – COMPENSATORY PRINCIPLE – OWNER’S APPEAL – CHARTERER’S CROSS-APPEAL After Charterers were found not liable for the damages incurred due to their failure to provide cargo for multiple shipments, Owners then appealed to the Court of Appeal on the damages incurred from the missed shipments whilst Charterers cross-appealed on their liability to provide the cargoes basis the agreed force majeure clause.
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Mur Shipping BV v Louis Dreyfus Company Suisse SA (The “Tiger Shanghai”) – QBD (Comm Ct) (Cockerill J) [2019] EWHC 3240 (Comm) – 13 November 2019 [Updated 10 August 2020]

TIMEBAR – BREACH OF CHARTERPARTY – NULLIFYING DOCUMENTS – INCOMPLETE CLAIMS Arbitration proceedings were brought against the owner's alleged breach of charterparty by refusing vessel modifications per charterer’s request. However, charterer’s left out a supporting document from their claim. Ultimately, the court decided that the documentation was time-barred, causing the cause to be dismissed.
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London Arbitration 2/20

FIXTURE RECAP TERMS – AMENDED CLEAN GENCON 1994 CHARTERPARTY – MAIN AGREED TERMS – ARBITRATOR’S JURISDICTION – ARBITRATION PROVISIONS AND CLAUSES When disputes arose between the Owner and Charterer, Owners then appointed an arbitrator. Charterers in turn challenged the arbitrator’s jurisdiction, claiming that no agreed arbitration provision was included within the charterparty.
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Alize 1954 and Another v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”) – Court of Appeal (Flaux, Haddon-Cave and Males LJJ) [2020] EWCA Civ 293 – 4 March 2020

GENERAL AVERAGE – VESSEL GROUNDING ON UNCHARTED SHOAL – VESSEL SEAWORTHINESS – OWNERS OBLIGATION TO EXERCISE DUE DILIGENCE – VESSELS DEFECTIVE PASSAGE PLAN – OWNERS APPEAL – Charterer Award In an appeal over the cargo interests being found not liable to contribute to the general average after the Vessel was grounded, the Court of Appeal was called on to determine if the Vessel’s passage plan rendered the Vessel unseaworthy.
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Transunisa Shipping S.A. de. C.V., as voyage Charterer, and Searail de Mexico SA de CV as Supplier – SMA 4379

BOOKING CANCELLATION – DEADFREIGHT – WHETHER CHARTERER CAN PASS DEADFREIGHT COSTS TO SUPPLIER The supplier in question unilaterally canceled the booking agreement with their charterers whilst the vessel was already on approach to the load port. This cancellation was the direct cause of dead freight incurred by the Charterer – which was subsequently passed to the Supplier. The Charterer was later awarded the dead freight, interest, owner’s fees, and arbitration fees.
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Quiana Navigation SA v Pacific Gulf Shipping (Singapore Pte Ltd (The “Caravos Liberty”) – QBD (Comm Ct) (Cockerill J) [2019] EWHC 3171 (Comm) – 21 November 2019

NYPE - TIME CHARTER - HIRE - ANTI-TECHNICALITY NOTICE (ATN) - BIMCO NON-PAYMENT OF HIRE CLAUSE - REPUDIATORY BREACH The charterer and the owner of a vessel got into a dispute over the alleged overconsumption of fuel. The appeal of the owner was later dismissed.
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