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The Kyoan Maru - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Feb. 27, 1980
This was an application to amend a defence. A dispute had arisen out of cargo shipped aboard Kyoan Maru
. The cargo did not arrive and the cargo insurers instructed solicitors to investigate, as a result of which a writ was issued on behalf of the..
Online Published Date:
06 March 1980
Appeared in issue:
9 - 06 March 1980
Photo Production v. Securicor Transport Ltd. - Lord Wilberforce, Lord Diplock, Lord Salmon, Lord Keith of Kinkel and Lord Scarman - H.L. - Feb. 14, 1980
This appeal arose out of the destruction by fire of the respondent’s factory. The parties had entered into a contract by which the appellants were to provide a security service at the factory. An employee of the respondents, while making a..
Online Published Date:
06 March 1980
Appeared in issue:
9 - 06 March 1980
7/80
A vessel’s next open position was Vietnam. It was agreed that the vessel was to be at the disposal of the charterers at arrival sea pilot Taichung, any time day/night Shinc, Charterers’ option loading Bangkok with delivery 72 hours after..
Online Published Date:
06 March 1980
Appeared in issue:
9 - 06 March 1980
Skandia Insurance Co. Ltd. v. Skoljarev & Anr. - High Court of Australia - Chief Justice Barwick, Mr. Justice Gibbs, Stephen, Mason and Aickin - Sept. 18, 1979
A policy of marine insurance, issued by the appellants, included cover in respect of “perils of the sea”. Shortly after leaving port the ship sank in a sea which, though subject to a considerable swell, was calm. The appellants alleged..
Online Published Date:
06 March 1980
Appeared in issue:
9 - 06 March 1980
In Matter of Thebes Shipping Co., decided February 7, 1980, U.S.D.C. for Southern District of New York, Docket No. 76-5638
Judge Griesa held the shipowner not entitled to limitation of liability for damages resulting fromthe foundering of the Argo Merchant
on shoals 50 miles off Nantucket before Christmas 1976.
This case does not present problems with..
Online Published Date:
06 March 1980
Appeared in issue:
9 - 06 March 1980
S.M.A. Award No. 1374
The essence of the dispute before the Panel concerned itself with a prospective sale of a vessel and the question of whether the sale could be made free of an existing 10-year time charter. As the vessel was rapidly approaching the conclusion of its..
Online Published Date:
06 March 1980
Appeared in issue:
9 - 06 March 1980
S.M.A. Award No. 1394
A recent arbitration decision in New York dealt with an interpretation of a hire payment clause providing for “rates payable in German Marks” and Charterer’s allegation that its obligation to pay hire at an agreed dollar rate by..
Online Published Date:
06 March 1980
Appeared in issue:
9 - 06 March 1980
Ex Parte The Registrar of the Supreme Court, Bophuthatswana - Chief Justice Hiemstra - Bophuthatswana Supreme Court - Oct. 23, 1979
Service of foreign process (which includes process originating in the Republic of South Africa) must take place in accordance with reg.24(2) of the regulations under Proc 76 of 1977 (RSA) read with Rule of Court 4(10). Execution of foreign judgments..
Online Published Date:
20 March 1980
Appeared in issue:
10 - 20 March 1980
8/80
A dispute arose as to the calculation of laytime at the loading port. The owners’ time sheet showed the vessel on demurrage for almost two days while the charterers’ showed only slightly over two hours. The difference arose mainly..
Online Published Date:
20 March 1980
Appeared in issue:
10 - 20 March 1980
S.M.A. Award No. 1409
The question for the sole arbitrator to determine was whether under the terms of head charter-party, owner was entitled to order vessel not to load a cargo in U.S.A. for Antwerp-Hamburg range on grounds that the ship, being described as non ITF..
Online Published Date:
20 March 1980
Appeared in issue:
10 - 20 March 1980
Atcis v. The Sanko SS Co. Ltd. - Mr. Justice Lloyd - Q.B. - Mar. 14, 1980
A vessel had been chartered on a time charter for one time charter trip. The vessel loaded coal at Baltimore for carriage to Japan. She was refused entry to the Panama Canal because she was drawing too much water for a passage through a freshwater..
Online Published Date:
20 March 1980
Appeared in issue:
10 - 20 March 1980
Bunker escalation clause - Applicability to voyage charter
Under the terms of a contract of affreightment ships were to be provided by the shipowners which were to be either their own ships or chartered in. The contract of affreightment contained a bunker escalation clause which provided:
Charterers shall..
Online Published Date:
20 March 1980
Appeared in issue:
10 - 20 March 1980
Eleftheria Niki Compania Naviera Panama v. Eastern Mediterranean Marine Ltd. - Mr. Justice Mocatta - Q.B. (Com.Ct.) - Mar. 3, 1980
By an arbitration award dated Mar. 12, 1979 charterers (under a time charter on the New York Produce Exchange Form) recovered damages amounting to $11,500 from owners on the grounds that the owners had given negligent advice to the charterers..
Online Published Date:
20 March 1980
Appeared in issue:
10 - 20 March 1980