Case Summaries
Vinnlustodin HF Vatryggingaffelag Islands HF v Sea Tank Shipping AS (formerly known as TANK INVEST AS) [2016]
“Carriers argued that their liability in respect of a parcel of some 2000mt fish oil could be restricted pursuant to Article IV Rule 5 of the Hague Rules which provides for limitation per "package or unit". The Court held that the word "unit" refers to a physical item that is not packaged, rather than to a unit of measurement. Therefore, Hague Rules limitation does not apply to bulk cargoes.”
Kairos Shipping Ltd & Anorv Enka & Co LLC & Ors (ATLANTIK CONFIDENCE) [2016]
“An "aggregation of unlikelihoods" convinces the Court that the ship was scuttled and that the Owners are not, therefore, entitled to limit their liability to cargo interests under the Limitation Convention.”
Grand China Logistics Holding (Group) Co. Ltd v Spar Shipping AS (Rev 1) [2016]
“Absent a clear contractual indication, payment of hire under time charterparties is not a condition. Time is not presumed of essence and is generally an innominate term, whose breaches may range from the trivial to the grave.”
Golden Endurance Shipping SA v RMA Watanya SA & Ors [2016]
“Where bills of lading were subject to English law and applied the Hague Rules, Owners sought but failed to obtain a declaration that "suit" in Article III rule 6 meant "suit in a jurisdiction applying the Hague Rules" such that proceedings by cargo interests at the place of delivery, Morocco (which applies the Hamburg Rules), did not interrupt the time bar.”
(2016) 960 LMLN 3— London Arbitration 25/16
“In a laytime and demurrage dispute between Owners and Charterers, it was held that where all four hatches of a vessel were available for work and at Charterers' disposal, "weather working days...basis 4 hatches" did not allow Charterers to deduct time from laytime for those hatches not used when Charterers/shippers did not have the labour or cargo to work them.”
(2016) 960 LMLN 2— London Arbitration 24/16
“After being off hire due to a failed holds' inspection, it was held that Owners would also be obliged to compensate Charterers for the further delays caused in having to re-enter the berthing queue, as these were directly related to Owners' breach in not providing clean holds.”