court

Court acquits tanker operator of MARPOL violations

Captain Vjaceslavs Birzakovs, captain of the oil tanker RIDGEBURY ALEXANDRA Z was convicted and sentenced in Louisiana for maintaining false and incomplete records relating to the discharge of oil from a tanker. After 19 months of detention, Louisiana Jury acquitted the Master of all charges, who is now able to return to Russia, following his complete acquittal by a jury on May 23, 2019.

Court decision clarifies equitable set-off of charterparty claims

As Steamship Mutual informs, during a recent London Arbitration 7/19, the Tribunal considered whether the parties were entitled to exclude by contract the right to make deductions by way of equitable set-off. Owners were successful and an award for sums deducted from hire was awarded to them.

New rules issued on Disclosure and Volcafe

The UK P&I Club explores the new rules on disclosure recently introduced in the English Commercial Court, analyzing the rules’ impact on cargo claims, especially ahead of the recent Supreme Court decision in Volcafe Ltd & Others v. Compania Sud Americana De Vapores SA [2018] UKSC 61.

Court interprets the Off-Hire clause

In Eleni Shipping Limited v Transgrain Shipping BV (The Eleni P), Steamship Mutual informs that the Commercial Court considered an appeal under section 69 of the Arbitration Act 1996 by Owners of an award in which the Tribunal rejected Owners’ claim for hire to be paid by Charterers during the period for which the vessel was detained by pirates in the Arabian Sea.

Tribunal decides on what is a good weather description

As Steamship Mutual informs, according to a recent reported arbitration, a Tribunal considered a good weather description which referred to both Douglas sea state and significant wave height in a charterparty performance warranty. The parties agreed that it was difficult to reconcile ‘significant wave height’ and ‘douglas sea state’. However, they disagreed on how the two phrases could be read together.

Unseaworthy judgment made after improper passage planning

As the North P&I Club informs, the UK Admiralty Court has recently rejected a shipowner’s claim for general average. It specifically concluded that the ship was unseaworthy because of an error in the passage plan. North Club noted that this case has showcased how important a proper berth-to-berth passage planning is, saying that it ‘is much more than just putting courses on a chart or ECDIS.’

Car shipping company faces charges for illegal shipping

A Chilean car shipping company was referred to the Competition Tribunal of South Africa for prosecution for collusive tendering, price fixing and market division. Compania Sud Americana De Vapores S.A (CSAV) has allegedly breached the Competition Act in respect of tenders issued by Ford Motor Company, according to a statement issued by the Competition Commission South Africa.

Judge threatens to stop Carnival ships from docking in the US

A US Federal judge threatened that she might block Carnival Corporation from docking cruise ships at ports in the US as punishment for a possible probation violation. The cruise company has been on five years probation, from April 2017, as part of a $40m settlement for dumping oil into the ocean illegally from its Princess Cruises ships and subsequently lying about the scheme, according to court filings.

UK Supreme Court decides on responsibility of proof in cargo claims

As Gard P&I Club informs, carriers should make sure that they implement solid and comprehensive record-keeping routines of what is declared and known about the specific cargo to be carried, as well as of each step taken to care for the cargo. This may include evidence of market practice for the storage along with carriage of moisture absorbing cargoes.

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