Transgrain Shipping (Singapore) Pte. Ltd. v Yangtze Navigation (Hong Kong) Co. Ltd. (The Yangtze Xing Hua) [2017] EWCA Civ 2107 (Comm) The English Court of Appeal has affirmed the decision of the High Court (on appeal from an arbitration award) that the meaning of “act” in clause 8(d) of the Inter-Club Agreement (ICA) should be [...]
SPRING IS HERE... Commissioning Tips to Prepare Your Boat for Launch Prepared by Jorge Pecci, SafeWaters Underwriting Managers SAILBOATS Caution: every boat is different and your boat may need additional service attention that this list does not cover. Having an experienced professional perform the work is always a good idea. I. Engine and Running Gear Raw [...]
Agile Holdings Corporation v Essar Shipping Ltd. (The Maria) [2018] EWHC (Comm) In a recent judgment on appeal from an arbitration award under S.69 of the Arbitration Act 1996, the English High Court had to consider whether an amendment to a NYPE charterparty was sufficient to make the Master responsible for cargo handling pursuant to [...]
Deep Sea Maritime Ltd. v Monjasa A/S (The Alhani) [2018] EWHC 1495 (Comm) In a recent judgment the English High Court has held that the one year time limit for bringing claims under the Hague Rules applies to claims for misdelivery where the cargo has been delivered by the shipowner without production of the relevant [...]
DRY BULK / QUANTITY MEASUREMENTS & OTHER CHALLENGES Prepared by Jorge Pecci, SafeWaters Underwriting Managers Dry Bulk Operations and Different Measurement Types These impressive bulk carriers make up more than 15-17% of the merchant vessels we insure. As of 1999, the International Convention for the Safety of Life at Sea defines a bulk carrier as a ship constructed with a [...]
Seaworthiness is a concept of vital importance to all those contracts related to vessels, for examples charter parties, Towing, transportation of goods. Under the Italian Doctrine developed by Crisafulli Buscemi, the concept of seaworthiness may vary depending on weather it is considered absolute, “In abstracto”, or relative “In concreto". The expression absolute seaworthiness marks the [...]
One of the most complete definitions of “salvage” is that given by Geoffrey Brice, QC in his book, Maritime Law of Salvage: The right to salvage arises when a person, acting as a volunteer, preserves or contributes to preserving at sea any vessel, cargo, freight or other recognized subject of salvage in danger. Although “salvage” [...]
Subsequent to the grounding of the oil tanker EXXON VALDEZ in 1989, the U.S. introduced the Oil Pollution Act of 1990 (OPA 90) which included provisions for the double-hulling of oil tankers. OPA 90 required new oil tankers to be double-hulled and established a phase out scheme for existing single-hulled tankers. New oil tankers under [...]
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