Monday, July 15, 2024

Latest Articles

Tribunal found Laytime calculations wrongly excluded rain and strike periods

By a voyage charter party, on an amended Gencon 1994 form, the Owners chartered their vessel to the Charterers to load bagged bentonite jumbo bags at Mundra, India, for discharge at Sagunto, Spain. Owners claimed demurrage of US $181,057.20. The Charterers disagreed with the Owners' calculation but admitted...

Whether currents to be factored in to calculate loss

It has recently become a frequent issue during settlement negotiations of performance claims whether currents must be factored in to calculate loss when the performance warranty mentioned nothing about currents. The parties relied on performance reports issued by their appointed weather routing companies to defend or pursue the claim....

Bay of Biscay- deviation and delay due to adverse weather

The master decided to alter course and speed within the Bay of Biscay to mitigate the effects of severe weather and to ensure the safety of the crew, ship and cargo. After that, the master stopped the ship for some hours to an area close to shore and less...

LMAA Tribunal determined that English Law was the substantive law of the contract

The MOA did not specify the substantive law of the contract. A panel of three LMAA Arbitrators considered this matter in a dispute that arose under a Memorandum of Agreement along with other issues referred to below. The tribunal held that although the MOA contained no express choice of...

Andrew Arnold v Halcyon Yachts Limited (The Vlaroda) [2022] EWHC 2858 (Admlty)- weather and route planning

This case turned on the particular facts and the characteristics of the Yacht. However, the decision reflects the potential conflicting arguments in such cases, along with how the judge approached the expert evidence adduced by the parties to support their case. Parties should consider the expert's qualifications and experience...