Shipping E-brief November 2022
Featured news & insights
News / Court of Appeal finds owner should have accepted non-contractual performance
09-11-2022 / Maritime
Mur Shipping BV v. RTI Ltd  EWCA Civ 1406 A majority of the Court of Appeal has held that the Owner under a contract of affreightment (COA) should have accepted payment of freight in Euros, rather than the US dollars provided for in the COA. Its refusal to do so meant that the Owner could not rely on the force majeure clause in the COA, in circumstances where US sanctions might have restricted US dollar transfers from or on behalf of the Charterer.
News / Court finds one year time bar applies to claim for misdelivery after discharge
06-10-2022 / Maritime
FIMBank p.l.c. v. KCH Shipping Co. Ltd (Giant Ace)  EWHC 2400 (Comm) Article III r.6 of the Hague-Visby Rules (the “Rules”) provides that claims against the carrier are time-barred unless suit is brought within 12 months of the date of delivery or the date when the goods should have been delivered. However, does this apply to claims for misdelivery occurring after discharge? This is an important question formerly left unanswered the English Courts which has divided opinions. In an important judgment, the Court has now decided that it does.
News / Court upholds indemnity claims along charterparty chain
01-11-2022 / Maritime
Trafigura Maritime Logistics Pte Ltd v. Clearlake Shipping Pte Ltd (Miracle Hope)  EWHC 2234 (Comm) This cargo misdelivery claim gave rise to various issues under the letters of indemnity (LOIs) that had been given in order to secure delivery of the cargo without presentation of the original bills of lading.
News / “Due” means due!
03-11-2022 / Maritime
Ceto Shipping Corporation v. Savory Inc (Victor 1)  EWHC 2636 (Comm) The Court in this case had to construe a purchase option clause in a bareboat charter. Specifically, it considered whether the fact that the charterer had not fulfilled certain payment obligations under the charter because it was disputing them in good faith meant that the owner was not obliged to transfer title to the vessel at the end of the charter period.
News / Court of Appeal dismisses state immunity defence to in rem salvage proceedings
17-10-2022 / Maritime
Argentum Exploration Ltd v. The Silver and all persons claiming to be interested in, and/or have rights in respect of, the silver (SS Tilawa)  EWCA Civ 1318 The Court of Appeal, by a majority, has upheld the Admiralty Court decision that the Republic of South Africa (RSA) was not entitled to assert a claim of state immunity in respect of in rem proceedings brought by salvors concerning a cargo of silver bars recovered from the seabed 75 years after the sinking of the carrying vessel.
News / Owners not in breach of charter and entitled to claim demurrage
09-11-2022 / Maritime
CM P-MAX III Limited v. Petroleos Del Norte SA (MT Stena Primorsk)  EWHC 2147 (Comm) This recent laytime and demurrage dispute demonstrates that an owner can legitimately refuse orders where such orders may jeopardise the safety of a vessel.
News / IMO’s Short Term Measure for reducing greenhouse gas emissions: implications for maritime industry
16-09-2022 / Maritime
The committee responsible for addressing environmental issues under the remit of the IMO is the Marine Environment Protection Committee (MEPC). Amongst several of its environmental safeguarding initiatives, the MEPC’s work includes the control of emissions from ships, including greenhouse gas emissions.