Category: English Maritime Cases

FIMBank plc v KCH Shipping Co Ltd (The “Giant Ace”) – QBD (Comm Ct) (Cockerill J) [2020] EWHC 1765 (Comm) – 3 July 2020

ARBITRATION TIME BAR – MISDELIVERY OF CARGO – ARBITRATION ACT 1996 – DEMISE CHARTERER

When the bank alleged misdelivery of cargo basis a lack of bills of lading, the lawyers requested an extension of time for arbitration against the owner rather than the demise charterer. The court was then tasked with determining whether the claimant is entitled to an extension of the arbitration time bar.

EURONAV NV V REPSOL TRADING SA (THE “MARIA”) – QBD (COMM CT) (HENSHAW J) [2021] EWHC 2565 (COMM) – 24 SEPTEMBER 2021

SHELLVOY 6 – DEMURRAGE – TIME BAR – COMPLETION DATE – WHETHER CLAIM TIME-BARRED

On October 23, 2019, The Maria vessel was chartered on a Shellvoy 6 form to carry crude oil from Brazil to different US west coast ports, including Long Beach, California. The issue was if the owners’ claim for US$487K plus interest was time-barred. 

London Arbitration 6/22

NYPE FORM – TIME CHARTER – HOLD CLEANING – OFF HIRE DURING EXTENDED HOLD CLEANING – COVID-19 PANDEMIC – COVID-19 PROTOCOLS – OFF HIRE DUE TO ALLEGED CREW SICKNESS 

Two disputes for off-hire developed on a one time, time charter trip from India to China relating to extended hold cleaning and alleged crew sickness.

London Arbitration 4/22

NYPE FORM – TIME CHARTER – PANDEMIC – COVID-19 PROTOCOLS – OFF HIRE – PUT BACK – DELAY – DEFAULT OF MASTER – BREACH OF CHARTER

A standoff between a vessel and pilot company over owners’ Covid-19 protocols and pilots boarding resulted in a delay to berth of almost nine days. The owners added the lost time to their final account and the charterers filed a counterclaim, citing off-hire and put back.

London Arbitration 14/21

DEMURRAGE – DETENTION – DAMAGES – BUNKERS – QUANTUM MERUIT
The vessel arrived at the port and tendered NOR. Charterers declared discharging was not allowed until berthing. Owner initially claimed demurrage then revised it by way of quantum meruit to include the cost of bunkers consumed.

AI Georgis Oil Trading Ltd v AG Shipping & Energy Pte Ltd (The “Marquessa”) – QBD (Comm Ct) (Henshaw J) [2021] EWHC 2319 (Comm) – 17 August 2021

SHELLTIME 4 – NON-PAYMENT OF DAILY HIRE – REPUDIATORY BREACH –DAMAGES – MITIGATION OF HIRE VS DAMAGES

When charterer failed to pay hire owner considered this a repudiatory breach of the charter and claimed for this hire and also damages covering delays incurred after the breach.

London Arbitration 17/21

BIMCO HEAVYCON 2007 – NOR VALIDITY – NON PAYMENT OF DEMURRAGE, FREIGHT, BUNKERS, PORT COSTS WAR RISKS – COVID – DETENTION – FRUSTRATION OF CHARTER PARTY – LIEN

After non payment of sums by Charterer , Owner exercised a lien on the cargo and drifted the Vessel for 272 days.  Owner claimed for the non-payment plus detention whilst Vessel drifted.

London Arbitration 22/19

CHARTERPARTY – ADDITIONAL FREIGHT – DEMURRAGE – LAYTIME – PREMATURE – NOTICE OF READINESS – DELAYS IN CARGO OPERATIONS – SLOW DISCHARGE – “ONCE ON DEMURRAGE, ALWAYS ON DEMURRAGE”

The discharge port for a ship carrying logs was changed after a mutual agreement between the shipowner and charterers. Charges were filed against the charterer for lost time which charterer partially contested basis an alleged premature NOR. The court that oversaw this case awarded the shipowner financial compensation based off of a reduced time that the court saw as fair.

London Arbitration 3/20

NYPE FORM – INTER-CLUB NYPE AGREEMENT (ICA) – CARGO CLAIM – TIME BAR

The tribunal was left to decide if proper notification of an impending cargo claim had been made to meet the requirements of the time bar clause.