The issue of incorporation of charterparties into bills of lading is debated by the English courts on a fairly frequent basis; most recently in the Anna Bo… Read more “Incorporating charterparty terms into bills of lading: don’t get caught out!”
Author: johnbertell
Unsafe ports. The Ocean Victory in the Supreme Court.
Source: Unsafe ports. The Ocean Victory in the Supreme Court.
A matter of construction. Conflicting arbitration and jurisdiction clauses in time charter.
Source: A matter of construction. Conflicting arbitration and jurisdiction clauses in time charter.
Anticipatory breach and sale of blended cargo.
Source: Anticipatory breach and sale of blended cargo.
Once on Demurrage, Always on Demurrage?
MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt [2016] EWCA Civ 789 was an appeal from the first instance Commercial Court decision (here) and raises important issues… Read more “Once on Demurrage, Always on Demurrage?”
No set-off of charterers’ claims against debt for reimbursement of additional premium.
Source: No set-off of charterers’ claims against debt for reimbursement of additional premium.
Gencon strike clause. Notice not needed for what charterers already know.
Source: Gencon strike clause. Notice not needed for what charterers already know.
Arbitrating against a dead defendant. Section 18 to the rescue?
Silver Dry Bulk v Homer Hulbert Maritime [2017] EWHC 44 (Comm) involved an arbitration where the defendant had ceased to exist by the time arbitration was commenced.… Read more “Arbitrating against a dead defendant. Section 18 to the rescue?”
My charterer has threatened to cut my charter rate, despite the charterparty not allowing for this. What damages can I claim if I refuse their request and they walk away from the charter?
The usual ‘rule of thumb’ measure of damages for a charterer’s repudiatory breach of a charterparty is the difference between the hire that you would have earned… Read more “My charterer has threatened to cut my charter rate, despite the charterparty not allowing for this. What damages can I claim if I refuse their request and they walk away from the charter?”
English law and jurisdiction post-Brexit
Evidence has recently been given to the EU justice sub-committee of the House of Lords that Brexit may scare off foreign businessmen from choosing English law and jurisdiction… Read more “English law and jurisdiction post-Brexit”
Inno TankBulk 