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K/S Norjarl A/S V. Hyundai Heavy Industries Co. Ltd. - Q.B.D. (Com.Ct.) (Phillips J.) -
6 November 1990
Hyundai entered into a contract to build a drilling rig for Norjarl, a Norwegian limited partnership. The contract contained an arbitration clause. Disputes arose which raised complex technical and legal issues. It was estimated that..
Online Published Date:
01 December 1990
Appeared in issue:
289 - 01 December 1990
Rosseel N.V. v. Oriental Commercial Shipping (U.K.) Ltd. - Q.B.D. (Com.Ct.)
(Steyn J.) - 16 November 1990
In 1984 the plaintiffs (a Belgian company) bought from the first defendants (an English company) 226,000 barrels of fuel oil f.o.b. The contract was expressed to be subject to New York law, and contained a New York City..
Online Published Date:
01 December 1990
Appeared in issue:
289 - 01 December 1990
The Tacoma City - Court of Appeal (Dillon, Ralph Gibson and Leggatt L.JJ.) -
14 November 1990
In May 1985 the vessel Tacoma City was in ballast off the Danish coast awaiting orders when her owners, the Reardon Smith Group of companies, announced that they were ceasing to trade. On 4 June 1985 a writ in rem
was issued..
Online Published Date:
01 December 1990
Appeared in issue:
289 - 01 December 1990
C.E.P. Interagra S.A. v. Select Energy Trading G.m.b.H. (The Jambur) - Q.B.D. (Com.Ct.) (Phillips J.) - 14 November 1990
On 28 March 1990 the tankship Jambur
set sail from Constanza with a cargo of gasoil. Later that day the sellers concluded a contract whereby they sold that cargo to the buyers under a contract which included the following terms:
Delivery:
Latest by..
Online Published Date:
01 December 1990
Appeared in issue:
289 - 01 December 1990
Urian International Insurance Co. Ltd. v. Jubilee Insurance Co. Ltd. - Q.B.D. (Com.Ct.) (Phillips J.) - 3 December 1990
This case involved a question of Construction of Order 11 Rule 1(i)(d)(ii) of the Rules of the Supreme Court, which provides:
1(i) . . . Service of a Writ out of the jurisdiction is permissible with the leave of the Court if in the action begun by..
Online Published Date:
15 December 1990
Appeared in issue:
290 - 15 December 1990
The Sylt - Q.B.D. (Adm. Ct.) (Sheen J.) -
27 November 1990
The defendant shipowners (a German company) carried the plaintiffs’ cargo from Antwerp to Freetown, Sierra Leone, on board the vessel Sylt
. The bill of lading provided that any dispute should be decided in the country of the..
Online Published Date:
15 December 1990
Appeared in issue:
290 - 15 December 1990
Richco International Ltd. v. Bunge & Co. Ltd. (The New Prosper) - Q.B.D. (Com.Ct.) (Phillips J.) - 13 November 1990
The sellers contracted to sell a quantity of bulk Australian barley on f.o.b. terms. The contract (which impliedly incorporated provisions of the Australian Barley Board standard form) provided:
3. CARGO: 35,000 metric tons 5% more or less at..
Online Published Date:
15 December 1990
Appeared in issue:
290 - 15 December 1990
Freight Systems Ltd. v. Korea Shipping Corporation (The Korea Wonis-Sun) -
21 November 1990
In June 1987 Marianne Trading Ltd. of Hong Kong (“Marianne”) sold 9,900 cases of canned mushrooms to M. & R. Sales Corporation of Illinois. Marine instructed the plaintiff freight forwarders to arrange the shipment..
Online Published Date:
15 December 1990
Appeared in issue:
290 - 15 December 1990
Farr Man & Co. Inc. v. The Rozita - U.S. Court of Appeals (1st Circuit) (Coffin C.J. and Torruella and Selya C.J.J.) - 22 May 1990
Farr Man & Co. contracted to supply a quantity of bulk raw sugar to Amstar Corporation. The contract was a standardised Amstar form providing for payment on c.i.f. terms. The cargo was shipped on board the vessel Rozita
in Bombay. Pursuant to..
Online Published Date:
15 December 1990
Appeared in issue:
290 - 15 December 1990
Islamic Republic of Iran Shipping Lines v. Zannis Compania Naviera S.A. - Q.B.D. (Com.Ct.) (Hobhouse J.) - 9 October 1990
In 1983 the vessel was chartered on the Gencon form for the carriage of a cargo from Scandinavia to Bandar Khomeini. The charterparty provided: “War risk insurance, blocking and trapping, insurance, crew bonuses, to be for owners’..
Online Published Date:
29 December 1990
Appeared in issue:
291 - 29 December 1990
Atlas Maritime Co. S.A. v. Avalon Maritime Ltd. (The Coral Rose) - Court of Appeal (Neill, Stocker & Staughton L.J.J. -
21 November 1990
In October 1987 Avalon purchased the vessel Coral Rose. Avalon had been incorporated in Gibraltar on 2 October 1986 and was purchased by a subsidiary company of Marc Rich for the specific purpose of purchasing the Coral Rose
. The..
Online Published Date:
29 December 1990
Appeared in issue:
291 - 29 December 1990
Franco Duval Ltd. v. The owners of the Vitali II - Federal High Court (Muhammad J.) -
20 August 1990
The plaintiffs brought an ex parte motion for the arrest of the vessel Vitali II
. In their affidavit sworn in support of the motion the plaintiffs deposed that the vessel was disponently owned by I.C.O.S. of Antwerp. The Court..
Online Published Date:
29 December 1990
Appeared in issue:
291 - 29 December 1990
Oceansky Co. Ltd. v. Hugo Neu & Sons Inc. (The Antalya) - Before R. Glenn Bauer, Lloyd C. Nelson and Klaus C.J. Mordhorst - S.M.A. 2595 (5 September 1989)
The vessel Antalya
was chartered on the Gencon form for the carriage of a cargo of shredded scrap from Boston_New York range to West Coast India. Clause 21 of the charterparty provided that the charterers were to declare the discharge port latest..
Online Published Date:
29 December 1990
Appeared in issue:
291 - 29 December 1990
Ultramar Shipping Co. Inc. v. The Embassy of Pakistan (The Ultramar) - S.M.A. Award No. 2678 (26 June 1990)
The vessel was chartered on a Baltimore Berth Grain Form C for the carriage of a cargo of wheat from the United States West Coast to Karachi. A dispute arose as to laytime at Karachi.
The charterers contended that 6 hours of each day should be..
Online Published Date:
29 December 1990
Appeared in issue:
291 - 29 December 1990