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.
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.
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.
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.’
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.
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.
Doraleh Container Terminal SA (DCT), a Djibouti port operator owned 33.34% by DP World Group, and 66.66% by Port de Djibouti S.A., an entity of the Republic of Djibouti, succeeded in the London Court of International Arbitration against the Republic of Djibouti.
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.
The US Supreme Court on March 26 did not allow American sailors injured in the deadly 2000 al Qaeda bombing of the Navy destroyer USS Cole to collect the $314.7 million in damages from the government of Sudan for its alleged role in the attack. The ruling overturned a lower court’s decision that had allowed the sailors to collect the damages from certain banks that held Sudanese assets.
A Brazilian court has ordered Vale SA, the world’s largest iron ore miner, to suspend operations at two more dams. The court demanded the company to prove the structures are stable, following an accident in the Vale’s facilities in January that killed about 300 people.
