“By an ocean towage contract on BIMCO terms, owners of the tug boat claimed demurrage for delays due to extra ballast. The Court found that the owners of the tow breached their obligation under the Towcon to provide the vessel "in light ballast condition" as this means "ensuring physical fitness, primarily stability, for the tow's voyage". However, the claim was rejected because it was not proved that the breach caused the delay under clause 17 of the Towcon.”

“After Defendants were awarded $59.8 million for damages caused by worldwide freezing orders against them, they were now able to recover 50% of their costs, and not 100%, since 1) Defendants did not recover their full damages claimed (some $387 million), 2) large financial investments were made towards issues on which Defendants failed, and 3) Defendants provided untruthful evidence in Court.”

“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.”

“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.”

“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.”

“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.”