News & Updates

Maersk Chennai: know your (cocoa) beans

In this recent English High Court judgment JB Cocoa Sdn Bhd and Others v Maersk Line AS - [2023] EWHC 2203 (Comm) ( https://www.bailii.org/ew/cases/EWHC/Comm/2023/2203.html ), the Court held that the carrier’s liability for damage to the cargo after...

Obligations on time and place - London Arbitration 7/23

The place and timing of redelivery of a chartered vessel are key obligations of a charterer. A recent arbitration decision considered whether Owners were entitled to recover for losses which purportedly arose from a breach of these obligations. Summary by ...

Mitigating losses by hedging

In Rhine Shipping DMCC v Vitol SA [2023] EWHC 1265, the Commercial Court considered the relevance of internal risk management processes and the expectation of hedging when assessing damages, in a case which also offered a glimpse into how large trading...

Owner cleans up during hull cleaning

In Smart Gain Shipping Co. Ltd v Langlois Enterprises Ltd (“Globe Danae”) [2023] EWHC 1683 (Comm) the High Court held that the owners were entitled to the charterparty rate of hire for time spent cleaning the vessel’s hull after redelivery,...

Ship technology and human questions

The co-existence of new marine technologies which aim to improve safety and stubbornly high counts of human errors among the causes of maritime casualties and incidents suggests that ‘more of the same’ will be an inadequate response in seafarer...

Anyone can make a mistake

London arbitrators have found that a one-off error by a pilot did not make the port unsafe for the purposes of the Charterers’ safe port warranty. Helen McCormick , Managing Associate, and Evgenia Kanellopoulou , Associate, offer a summary. ...

No jurisdiction where no contract exists

The Commercial Court recently held, on an appeal of an arbitration award under s. 67 of the Arbitration Act 1996 that the Tribunal was correct in finding that it did not have jurisdiction to hear a dispute, on the basis that the claimant was not a party to...

COVID, Brexit and Force Majeure

Alex Hudson , Director, and David Fittis , Trainee, discuss a recent summary judgment in favour of a port operator relating to the failure of a sea ferry operator, P&O, to achieve a minimum volume guarantee contained in the contract between the...

Misdelivery: Bills, receipts and causation of loss

In a judgment likely to be of interest to all parties to a bill of lading, the Court of Appeal has held that (1) when a bill is no longer held by a charterer it ceases to be a ‘mere receipt’, but becomes a contractual document, but (2) that in a...

Non-Designated Persons and asset freeze

What are the responsibilities of the “commercial person” who seeks to comply with UK sanctions against Russia, but is unclear as to whether the entity they are dealing with could be considered to be owned or controlled by a Designated Person? ...
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