The Court of Appeal has recently handed down its judgment on the Charterers' appeal against the decision of Andrew Smith J in this dispute. The case raises two novel points arising out of the early withdrawal of a time chartered vessel for the non payment of hire. At the time of the withdrawal the... Read more »
In an important ruling for the maritime industry Mr Justice Gross has upheld the unanimous decision of an eminent arbitration tribunal that a vessel chartered on the New York Produce form which was seized by pirates remained on hire whilst under the control of the pirates. The Judge held as follows... Read more »
On 16 June 2010, the High Court (Teare J) handed down judgment in favour of shipowners, Emeraldian Limited Partnership who claimed demurrage against charterers, Wellmix Shipping Co Ltd and their guarantors, Guangzhou Iron & Steel Corp Ltd. The delay to the VINE followed two earlier incidents... Read more »
[2010] EWHC 1086 (Ch). Case No HC09C03502. Chancery Division: The Hon Mr Justice Sales J. Arbitration-stay of proceedings--- S9 Arbitration Act 1996--- CPR Rule 11-step in the proceedings. One of the Defendants applied for a stay of English High Court Proceedings pursuant to S 9 Arbitration... Read more »
The Grand Chamber of the European Court of Human Rights declared inadmissible the case of Demopoulos v. Turkey and seven other test cases raising a similar issue . The applicants in these cases were Greek Cypriots who complained in particular that they had been deprived of the enjoyment of... Read more »
In one of the first reported cases of the English High Court on the construction of UCP 600, Mr. Justice Hamblen held that the preclusion provided for in Article 16(f) of UCP 600 applies to conduct of an issuing bank subsequent to its service of a notice rejecting documents under a letter of credit... Read more »
In this case owners claimed demurrage from charterers. The issue was whether time counted during “super-holidays” at the discharge port. The recap provided "25,000 mt SHINC". The recap incorporated the terms of a pro-forma charterparty, clause 63 of which provided "25,... Read more »
In two judgments delivered together on 19th November, the Commercial Court has made significant findings against the Senegalese subsidiary of the Axa group. The decisions strengthen the hand of shipowners seeking to counter what they regarded as an abusive practice in some West African ports of... Read more »
The Court of Appeal gave judgment in this matter on 12th November 2008.The Appellant (Limit) appealed against the order of Jonathan Hirst QC sitting as a deputy Judge. The deputy judge had ruled that Axa were entitled to avoid two treaties of reinsurance on the grounds of misrepresentation.... Read more »
Court of First Instance, pending (on appeal from Commission decision Morgan Stanley/Visa October 2007) (Article 81 – exclusion of competitor from card payment system – fines imposed in respect of notified agreement) Read more »
