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Tribunal considers broker’s authority to fix vessel on behalf of owners
- Reed Smith LLP
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- United Kingdom
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- May 7 2013
The Tribunal was required to decide whether the parties to the arbitration had in fact concluded a fixture. At the time they were both interested in
Tribunal considers the point at which a vessel becomes an “arrived ship” for the purposes of tendering notice of readiness
- Reed Smith LLP
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- United Kingdom
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- November 3 2010
In the arbitration in question, the vessel was chartered on the Vegoil form to carry a cargo from "one safe port one safe berth Dumai or Lubuk Gaung, Indonesia, to one safe port one safe berth Chittagong, Bangladesh"
Off-hire clauses and charterers’ right to cancel
- Reed Smith LLP
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- United Kingdom
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- November 22 2007
This was the position facing the charterers of The Fu Ning Hai
The Front Comor: an end to anti-suit injunctions?
- Reed Smith LLP
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- European Union, Italy, United Kingdom
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- December 31 2008
The Advocate General of the European Court of Justice (“ECJ”) has now delivered her opinion on a question referred to the ECJ by the House of Lords earlier this year in the case of the “Front Comor” concerning the use of anti-suit injunctions by the English Courts
NYPE off hire Clause 8 Hague rules
- Reed Smith LLP
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- United Kingdom
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- October 1 2008
In London Arbitration 1208 752 LMLN 3(2) the vessel was chartered on the NYPE form as amended for one time charter trip between ports in the Far East via South Africa to the east coast of South America and then back again on a similar route via Durban
When cargo holds are rejected, is the vessel off-hire on a “net loss of time” or “period off-hire” basis until they are accepted? Is there an implied obligation on the charterer to ensure reinspection as soon as possible?
- Reed Smith LLP
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- United Kingdom
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- November 3 2010
This question was considered in a recent London arbitration
Commercial Court considers a disponent owner’s challenge of the striking out of its demurrage claim on the grounds that there was no contract between it and the voyage charterer, and as such no arbitration agreement between them
- Reed Smith LLP
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- United Kingdom
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- June 10 2011
The Claimant Disponent Owner, who had time chartered the vessel in question, instructed shipbrokers to sub-charter the vessel to the Defendant
Breach of arbitration agreement (2) arrest of vessel in Senegal
- Reed Smith LLP
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- United Kingdom
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- November 30 2008
In Kallang Shipping SA Panama v AXA Assurance Senegal and in Sotrade Denizcilik Sanayi VE Tikaret AS v Amadou Lo, The Duden - Butterworths Law Direct 21.11.08 the Commercial Court considered the circumstances in which the arrest of vessels in foreign jurisdictions, prompted by overseas cargo insurers, can amount to breach of arbitration clauses incorporated into bills of lading
The recovery of wasted expenditure as damages
- Reed Smith LLP
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- United Kingdom
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- October 31 2010
The High Court has held, in Omak Maritime Ltd v Mamola Challenger Shipping Co ("The Mamola Challenger") 2010 EWHC 2026 (Comm), that wasted expenditure cannot be recovered as damages for breach of contract where an award of damages on that basis would put the Claimant in a better position than he would have been in had the contract been performed
Safe port
- Reed Smith LLP
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- United Kingdom
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- August 31 2008
In Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc; The Reborn Butterworths Law Direct 4.8.08 the vessel was chartered by the Claimant owners to the Defendant charterers under a Gencon form of voyage charterparty for the carriage of a cargo of cement from Chekka, Lebanon, to Algiers
