X-Press Mahanada (“X-PM”), inbound to Chattogram collided in the approaches with outgoing Burgan, both under pilotage. Burgan was in the wrong location but claimed this was due to avoiding a military vessel, SS (a non-party). The Court found that Burgan failed to right her position, failed to keep a proper lookout, or to alert SS promptly. X-PM was not blameless but her faults were not causative. SS was held to be significantly at fault and played a key part in the collision - the Court apportioning her 35% to blame. Burgan’s liability viz-a-viz X-PM was therefore 65%.

Under the amended NYPE 93 T/C trip from Terneuzen to Florida, the Master, having initially agreed and embarked upon Charterers’ recommended, shortest, northern route (via Pentland Firth), turned back in favour of the longer, souther (English Channel) route, in order to avoid Beaufort 9 conditions and waves in excess of 10m. Dismissing Charterers’ damages claim, the Tribunal found that due to legitimate safety concerns, the Owners were not in breach of Charter, and nor did the Master’s initial agreement preclude him from turning back.

Legal Battle Over Salvage: Stela’s Collision, Rescue, and Jurisdiction Dispute

In the context of a “freight payable BBB” provision, a London Tribunal decided that there was no obstacle in ordering the Charterers to pay a monetary sum to the Owners, even though the Charterers were (or may have been) sanctioned by the USA.

Delays on the Sagar Ratan due to a COVID-19 outbreak among the crew led to a dispute over hire payments. Pan Ocean (defendants) argued that the BIMCO Infectious or Contagious Diseases Clause applied, while Bunge maintained that the delay was not due to port conditions. The High Court ruled in Bunge’s favour, finding that the discharge port of Bayuqyan was not an“Affected Area” under the BIMCO Clause, as the delays were due to the crew’s infection rather than the port conditions. Consequently, the vessel was deemed off-hire during the period of delay and Pan Ocean’s claim for hire payments rejected.