Searching Content indexed under Marine/ Shipping by Ben Macfarlane & Co ordered by Published Date Descending.
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Marine Navigation Act 2013
The Marine Navigation (No.2) Bill ("the Bill") received Royal Assent on the 25th April 2013 becoming the Marine Navigation Act 2013 ("the Act") and is expected to come into force over the next few months.
15 Jul 2013
Exceptions To Laytime
The present economic crisis and the ferocity with which owners and charterers are fighting charterparty disputes have recently increased the instances of scrutiny by the courts of numerous charterparty clauses.
6 Mar 2013
Damages For Breach Of Time Charterparty
This article considers the measure of damages a Ship-Owner is entitled to claim, under English Law, from a Charterer who prematurely re-delivers a vessel in breach of a Time Charterparty.
1 Nov 2012
Isabella Ship-owner – v – Shagang Shipping: "The Aquafaith"
This case concerns the circumstances in which, following a breach of charterparty and purported early redelivery of the vessel, the owners can elect not to accept redelivery and instead affirm the contract claiming hire as opposed to damages.
17 May 2012
A Short Guide To LMAA Arbitration
The London Maritime Arbitrators Association (‘LMAA’) has three main arbitration procedures and terms that may be chosen by parties agreeing to arbitrate,
18 Oct 2011
Pipelines – Insurance & Legal Aspects In Cases Of Damage
The United Kingdom alone relies of thousands of kilometres of oil and gas pipelines that stretch across the ocean floor of the North Sea alone.
7 Jun 2011
Battle Of The Forms - GHSP Inc v AB Electronic Ltd [2010] EWHC 1828 (Comm)
This case involves the familiar scenario in commercial contractual relations known as a "battle of the forms".
12 May 2011
Dangerous Cargo; A Minefield for Cargo Interests and Their Insurers
The carriage of dangerous goods remains a legal minefield for cargo interests and their insurers in relation to their potential exposure to liability.
8 Jan 2011
Assessment of Damages Following a Breach of Contract - The "Mamola Challenger"
This case discusses the extent to which a contracting party can claim, as damages for breach of contract, expenditure incurred in preparation of a contract that has been wasted as a result of breach of that contract by the other party. The facts of this claim arose from a breach of a Charterparty by the Charterers.
9 Sep 2010
MV Saldanha
This case raised the question of whether the detention by pirates of the MV SALDAHNA (the ‘Vessel’), or the effects of piracy entitled charterers to argue that the vessel was off-hire in accordance with cl.15 of the NYPE form of Charterparty agreed by the parties in the Charterparty dated 25th June 2008.
15 Jun 2010
Maritime Arrest Under English Law
Maritime arrest is a legal action to seize a vessel, cargo, container or other maritime property as security for a claim or to enforce a maritime lien.
14 May 2010
Cat Fines: A New Issue For Hull Insurers?
In recent years, environmental regulatory requirements have dictated that marine fuels should be low in sulphur, a major pollutant, largely responsible for "acid rain".
13 Jan 2010
THE "ZENOVIA" – Commercial Court Overturns Maritime Arbitration Award Relating To Redelivery Notice: IMT SHIPPING AND CHARTERING GMBH V CHANSUNG SHIPPING COMPANY LTD [2009] EWHC 739 (Comm)
This is a shipping dispute that was initially dealt with in arbitration but subsequently appealed to the Commercial Court pursuant to section 69 Arbitration Act 1996. Somewhat surprisingly, given the courts’ usual reluctance to overturn arbitration awards except in extenuating circumstances, in this case, Mr. Justice Tomlinson decided the arbitration award should be set aside.
17 Apr 2009
The Significance Of Taking Out A Valued Policy In The Present Economic Climate
Under the Marine Insurance Act 1906, a distinction is made between valued and unvalued policies of insurance.
12 Dec 2008
The Petroleum Oil And Gas Corporation Of South Africa (Pty) Ltd v FR8 Singapore Ltd [2008] EWHC 2480 (Comm)
This dispute involved a voyage pursuant to a charterparty on an amended BPVoy4 form relating to the carriage of two cargoes, High Speed Diesel ("Gasoil Cargo") and Multiple Oil and Gas ("Mogas").
27 Oct 2008
Jurisdiction Dispute Under Articles 27 And 30 Of EU Regulation 44/2001: “Syndicate 980 V Sinco S.A.” [2008] EWHC 1842 (Comm.)
In this case, the claimants were three Lloyd’s Syndicates (“Syndicates”) for various years of account between 1999 and 2006.
27 Aug 2008
“Sea Emerald SA V Prominvestbank – Joint Stockpoint Commercial Industrial And Investment Bank” [2008] EWHC 1979 (Comm): Dispute Relating To Refund Guarantee In Shipbuilding Contracts
In the shipbuilding industry, the refund guarantee is often an essential document because it allows the buyer and its financiers to hold security from the shipyard which will respond in the event that the ship is not delivered.
27 Aug 2008
"Seagate Shipping Ltd v Glencore International A.G": Commercial Court Decision On Charterparty Dispute
Those not in the coal and iron ore market may not be familiar with RightShip. This is a ship approval system set up in 2001 and maintained by BHP Billiton, Rio Tinto Shipping and Cargill Ocean Transportation.
14 Aug 2008
Congentra Ag v Sixteenthirteen Marine Sa [2008] Ewhc 1615 (Comm)
This case arose out of dispute between the owners and charterers of a vessel called “Nicholas M”. vessel was under a time charter providing for London arbitration and English law
13 Aug 2008
Transfield Shipping Inc. Of Panama v Mercator Shipping Inc., The Achilleas [2008] Ukhl 48: House Of Lords Decision On Remoteness Of Damages
This is a shipping case that was originally taken to arbitration. In brief, the facts are as follows: there was a time charterparty regarding the vessel "Achilleas", under which charterers gave notice of redelivery between 30 April and 20 May 2004.
10 Jul 2008
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