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Just maritime
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Does the one yr time bar in Hague (Visby) Rules apply to ‘misdelivery’ claims?
Does the one yr time bar in Hague rules apply to ‘misdelivery’ claims? What if the claimant commences proceedings in a foreign court in...
Jul 15, 20181 min read
Lawful deductions made for under performance but claim put forward under off-hire - what happens?
What if time charterers make lawful deductions for under- performance but then wrongly put them forward to owners as having being made...
Jul 8, 20181 min read
HRA, crew bonus and choice of route
HRA, IBF Extended Risk Area & JWC Listed areas in Indian Ocean were at the center of discussion in London Arbitration 13/18. First issue...
Jul 1, 20181 min read
Speed & consumption claim - it's all about the language
What does this clause imply: “The time during which there is bad weather/heavy swell or adverse current with wind exceeding beaufort...
Jul 1, 20181 min read
Multi ship collision in Singapore straits - apportioning liability
Dragging & fouling of anchors, involuntary towage, and multiple collisions in crowded Singapore waters – The Tian E Zhou [2018] had it...
Jul 1, 20181 min read
Safety Management Systems scrutinized by courts in two separate cases on navigational incidents
It is not often that Safety Management System of a shipping company is scrutinized by court. Surprisingly there have been two cases in...
Jun 24, 20181 min read
Collapse of OW Bunkers - different jurisdictions going different ways
Collapse of OW bunkers has had a ripple effect and led to a lot of difficulties for shipowners in various jurisdictions. There were...
Jun 24, 20181 min read
Can an assisting tug be considered as the lead tug's tow?
A US court was recently faced with a novel question – should an assisting tug be considered as part of lead tug’s ‘TOW’. In The Miss...
Jun 17, 20181 min read
No oral modification clauses - enforceable?
Where a written [charterparty] contract expressly ‘prohibits’ oral modifications through NOM clause, is an oral modification enforceable?...
Jun 17, 20181 min read
Whether the responsibility for cargo ops rests with owners or charterers - depends on the clause
NYPE Inter Club Agreement makes charterer 100% liable for claims arising out of ‘loading, stowage, lashing, discharge and storage’ unless...
May 27, 20181 min read
Drugs found attached to hull, vessel confiscated & insurers refusing to pay out the claim
Unsuspecting vessels are commonly used for smuggling drugs out of Venezuela. The most commonly used methods is to attach the drugs onto...
May 27, 20181 min read
Can a charterer rely on 'cesser clause' in C/P to avoid paying GA contribution?
A case from 1970s, The Corinthian Glory provides some explanation. (caution: case is quite fact specific). Charterers took delivery of...
May 13, 20181 min read
Seller doesn't ship the cargo, but obtains payment from the buyer. Can an 'all risk policy' respond?
All Risk Marine policy doesn't really provide cover for all kinds of contingencies. In a recent case Englehart CTP v Lloyd’s Syndicate...
May 6, 20181 min read
When making a claim under B/L, should cargo receivers account for recovery made under sale contract?
Can a B/L holder, as receiver of damaged goods claim against shipowners (the carrier), even though the voyage charterers (as CIF sellers)...
May 6, 20181 min read
Fouling as a result of charters' orders - can they claim for underperformance from owners?
Jurists and chartering professionals often rely on the highly acclaimed ‘Time Charters’ and ‘Voyage Charters’ publications for guidance...
May 6, 20181 min read
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