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“Ocean Victory”: Court of Appeal reverses first instance decision

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 26 2015

In a previous post, we commented on the High Court’s decision in Gard Marine & Energy Ltd v China National Chartering Co Ltd (The “Ocean Victory”

Court considers nature of the breach and consequent measure of damages in “early redelivery” case

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 22 2015

The vessel was chartered on an amended NYPE form for a minimum of four months and a maximum of five months, plus 15 days in Charterers’ option. Hire

“Brillante Virtuoso” held to have been a constructive total loss

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 21 2015

The High Court recently held that the "Brillante Virtuoso" (the "Vessel") was a constructive total loss ("CTL") following an attack by pirates in

Tribunal considers laytime and demurrage issues concerning part cargoes

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 9 2015

A vessel was chartered on an amended Gencon 94 form, for a part cargo of petcoke. A completion cargo of wheat was also arranged. The petcoke cargo was

Right to enforce an “in rem” claim is not lost where the claim is issued after the court has ordered the sale of the vessel

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 22 2014

Cargo Interests began proceedings in the U.S. against the Defendant former owner of the MV SANKO MINERAL for breach of a contract of carriage. The

Owners validly exercised right to withdraw for non-payment of hire and awarded discounted damages for repudiatory breach

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • November 21 2014

Two newbuildings were let by Owners to Charterers on an amended NYPE form for a period of about 35 months up to 37 months. Hire was to be paid

Tribunal rules on speed and performance claims under two consecutive time charterparties

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • November 21 2014

The vessel in question was the subject of two charters on the NYPE 46 form, for one time charter trip under each, with the second charter being in

Court of Appeal upholds incorporation of English jurisdiction clause from charterparty into bill of lading

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • October 24 2014

A cargo of coal was carried by the Respondent Owners from Rotterdam to Nador (Morocco). Whilst underway, emergency cooling measures were taken to

Tribunal rules on incorporation of arbitration agreement into a charterparty and owners’ entitlement to demurrage

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • October 2 2014

The vessel in question was chartered by way of a fixture recap. Owners brought a claim for demurrage against Charterers. Charterers argued that the

Court of Appeal upholds finding of breach of typhoon warranty in reinsurance policy

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • October 2 2014

The Appellant Insurer had insured the owner of certain vessels. The policy contained a typhoon warranty, which contained two limbs: that "the