Case Summaries
Time Bar
“In a recently reported London Arbitration it was held that the six year contractual time bar ran from the moment each instalment of time charter hire fell due from the charterers, and not from the date of redelivery of the vessel. The cause of action for some outlays, including bunkers supplied by the owners, did not however accrue until redelivery.”
Shipowners' Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat ve Ticaret A.S ("Yusuf Cepnioglu") [2016]
“Turkish Charterers unable to rely on Turkish statute allowing direct action against a P&I Club and ordered to arbitrate in London under Club Rules. But the "pay to be paid" rule means they are unlikely to recover.”
SARPD Oil International Ltd. v. Addax Energy SA & Anor [2016]
“In an international purchase contract dispute, a claimant that was not obliged to publish accounts and had not revealed any information about its financial position was required to provide security for costs.”
Vinergy International (PVT) Limited v. Richmond Mercantile Limited FZC [2016]
“An innoncent party may lawfully terminate a contract where at least one of a number of breaches was repudiatory, even though others were not, or were capable of being remedied on notice.”
SBT Star Bulk & Tankers (Germany) GmbH & Co K G v. Cosmotrade SA [2016]
“Under the terms of a charter party calling for “one trip time charter,” the charterer was allowed to order the vessel to load a further cargo after the initial cargo had been discharged.”
The Superior Pescadores [2016]
“Under English law the Hague Rules “as enacted” means the Hague Rules “as amended” being the Hague-Visby Rules.”