Category: Shipping News

February 10, 2023

Use of ‘subjects’ when negotiating charterparties – mind your language!

When negotiating charterparties, parties tend to say the contract is ‘subject to’ something.

February 6, 2023

Limiting Liability for Cargo Claims - Bad News for Carriers

The English High Court has just decided in The Thorco Lineage not to follow its 14-year-old decision in The Limnos on carriers limiting their liability for bill of lading cargo claims.

Bliss for owners of voyage-chartered ships?

In 2020, the High Court of England & Wales groundbreakingly decided in The Eternal Bliss the owner of a ship delayed in discharging cargo could claim from the voyage charterer not just demurrage for the delay at the agreed USD daily rate but also damages for the resultant cargo deterioration/loss. In doing so, the judge […]

Divine ruling on the effect of currents in underperformance claims

Speed and consumption performance warranties in time charterparties are almost always given for defined ‘good weather’. The two-step practice in London arbitration is to ascertain a ship’s performance in good weather (step 1) and extrapolate it over the whole leg/voyage in all weather (step 2). The defined good weather usually includes “no adverse currents”, whose […]

No choice when offered reasonably satisfactory security under the ASG 2 Collision Jurisdiction Agreement

Does the ASG 2 Collision Jurisdiction Agreement (CJA) require you to accept security offered in a reasonably satisfactory form? No, the High Court of England & Wales held in 2021 in The Panamax Alexander and Osios David, essentially on the basis that Clause C of the ASG 2 CJA, which said “Each party will provide […]

Issues that may arise in General Average disputes

When a cargo ship is damaged (due to a grounding or collision with another ship or technical problems it encounters), it will be necessary for the owner to incur significant expense to enable the ship to complete the cargo-carrying voyage or to have this performed by another ship in its place. The cargo owner (and […]

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