The duration of the charter might in a case such as the present be affected by the contingency of the occurrence of an event which was in the contemplation of the parties and catered for in the terms
of the charterparty.
Represented shipowners in US$ 160 million fraud claims brought by charterer for breach
of charterparty on grounds of delivery of nonconforming vessel.
Represented charterer against shipowners in LMAA arbitration proceedings arising out
of charterparty purportedly concluded by shipbrokers on behalf of client.
Jeremy has advised independently and acted in a number
of Charterparty and bill of lading disputes, including in multi-party litigation for both shipowners and charterers, cases concerning limitation, agency, liens and wet shipping cases.
Under the terms
of the charterparty, the earliest date on which it could be terminated was 6 December 2005.
Advised and acted in a large number
of charterparty, bill of lading, second hand ship sale and purchase, shipbuilding and shipbroking claims, including cases concerning the cancellation of charters, demurrage, employment clauses and hire (and off - hire).
This case is a leading case both as to the exception of «abnormal occurrence» in the definition
of a charterparty safe port warranty, as well as the limits of an insurers right of subrogation against a joint insured.
Issues involving liability for repudiatory breach of charter, interpretation
of charterparty force majeure provisions and quantification of losses for repudiatory breach.
Nigel has been advising on the meaning and effect of an early termination clause in a series
of charterparties between shipowners and charterers who subcharter to a South American national oil producer.
Not exact matches
Members
of Essex Court Chambers were instructed in two
of the cases selected by i - law as its eight «most notable
charterparty disputes
of 2014 ″.
-- STX Pan Ocean Co Ltd v. Ugland Bulk Transport AS (The «Livanita»)[2008] 1 Lloyd's Rep 86: Sole counsel on an appeal to the Commercial Court under s. 69
of the Arbitration Act 1996 from an LMAA award giving rise to issues as to the applicability
of a safe port warranty to a specifically identified port in the
charterparty.
The shipowners contended that the insurers» claim — arising as a result
of rights
of subrogation from the charterers
of the vessel, who also owned the jetty — fell within the arbitration provision contained in the
charterparty.
In Fiona Trust v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan) the issue was whether or not a claim for rescission
of eight standard form
charterparties on the grounds
of alleged bribery was outside the terms
of an arbitration clause.
Recent experience includes LCIA arbitrations about political risks insurance, major bank loans to Russian entities, and long - term coal supply agreements; an UNCITRAL arbitration about a coal contract price adjustment mechanism; LMAA arbitrations relating to shipbuilding contracts,
charterparties, and bills
of lading; a FOSFA Board Of Appeal hearing about a contaminated cargo of vegetable oil; and ICC arbitrations about a South American gas field consortium and an East African oil and gas exploration projec
of lading; a FOSFA Board
Of Appeal hearing about a contaminated cargo of vegetable oil; and ICC arbitrations about a South American gas field consortium and an East African oil and gas exploration projec
Of Appeal hearing about a contaminated cargo
of vegetable oil; and ICC arbitrations about a South American gas field consortium and an East African oil and gas exploration projec
of vegetable oil; and ICC arbitrations about a South American gas field consortium and an East African oil and gas exploration project.
Michael advises on a wide range
of shipping, shipbuilding and offshore, international trade and commercial litigation issues including
charterparties, memoranda
of agreement, shipbuilding and offshore construction contracts, marine and commercial insurance, agency agreements, letters
of credit and commercial notes.
He has had extensive experience in
charterparty work, bills
of lading, cif and fob disputes, letters
of credit, ship management issues and general commercial contract disputes.
Ernie Weinrib's The Idea
of Private Law doesn't come up much when teaching about
charterparties.
Highly experienced in dealing with a wider range
of commercial shipping matters, she is regularly instructed to provide guidance to owners on ship sale and purchase and ship registration, on bareboat
charterparties and flagging, on shipbuilding contracts, on settlement agreements, on pool agreements and on shipmanagement agreements.
The vessel was arrested and judicially sold free
of existing
charterparties.
Charterparty (Voyage)--
Charterparty containing cancelling date but no ETA — Nature
of owners» obligation to commence approach voyage — Whether obligation absolute or to use due diligence — Vessel delayed through no fault
of owners — Whether owners in breach
of obligation in relation to approach voyage.
As well as dealing with
charterparty and bill
of lading disputes he has considerable experience
of shipping finance, newbuilding and vessel repair and ship sale / purchase transactions.
Contract — Formation — Negotiations for charter
of vessel — Owners» offer expressed to be «Subject to review»
of charterer's pro forma
charterparty «with logical amendment» — Whether binding contract concluded — Whether any concluded contract void for uncertainty.
The «Tychy» [1999] 2 Lloyd's Rep 11; The «Tychy No 2» [2001] 1 Lloyd's Rep. 403: Chris was instructed on behalf
of the Defendants in this dispute arising out
of a slot
charterparty operated under the TACA conference agreement.
The various claims were passed down a long chain
of back to back time
charterparties.
Instructions include disputes relating to
charterparties, bills
of lading, ship / yacht building, ship / yacht sale, ship finance (mortgages, guarantees and assignments), ship brokers, shipping pools, casualties, oil pollution, FPSO & other offshore vessels, general average, P&I calls, marine insurance, duties
of classification societies, formal investigations and limitation
of actions, plus related arbitral and jurisdictional issues.
His extensive experience includes all aspects
of both wet and dry work ranging from salvage, collisions and towage to
charterparty and bill
of lading disputes.
David Joseph has acted in a broad range
of LMAA and High Court litigation arising out
of shipbuilding and repair,
charterparties, rig construction and repair, luxury yachts, bills
of lading, contracts
of affreightment and the sale
of goods.
The A: Chris was instructed on behalf
of the Claimant charterers and bill
of lading holders in this unseaworthiness arbitration in which the tribunal issued an interim award in Chris client's favour in relation to the question
of incorporation
of the Hague Rules into the
charterparty.
The appellant was the owner
of a vessel which was chartered on 10 July 1998 for a time period
charterparty of seven years.
The
charterparty contained the war clause and it was therefore within the contemplation
of the parties that the charter might be terminated early if the war clause was triggered by an outbreak
of hostilities.
The
charterparty also contained the following clause: «If war or hostilities break out between any two or more
of the following countries: USA, former USSR, People's Republic
of China, UK, Netherlands, Liberia, Japan, Iran, Kuwait, Saudi Arabia, Qatar, Iraq, both owner and charterers have the right to cancel this charter.»
Ms. Wang is a litigation and arbitration specialist, with a particular focus on shipping matters including disputes on bill
of lading,
charterparty, marine insurance, collision and salvage.
«MV Gallant»: appeared on behalf
of shipowners in German arbitration (Hamburg), in relation to
charterparty dispute referred to arbitration subject to the Rules
of the German Maritime Arbitrator's Association.
«GS»: Counsel on behalf
of Claimant Owners in relation to an LMAA Arbitration
Charterparty dispute concerning shipment
of an alleged dangerous cargo
of bulk iron ore.
Scott has a broad practice in maritime litigation and arbitration, international trade disputes and offshore, including
charterparty, COA, CVC, slot sharing and sale and purchase contract disputes, and a wide range
of cargo disputes, as well as working on a number
of high profile maritime casualties.
Tom acted for PDV Marina in this high value Commercial Court litigation concerning claims for hire ($ 65M +) under alleged
charterparties and guarantees which settled shortly before trial after a series
of contested specific disclosure applications.
Re LMAA arbitrations (2011, confidential, ongoing): multi-million dollar disputes under a string
of long term
charterparties arising out
of premature termination, related world wide freezing injunctions.
In addition, Rovine has extensive experience handling memorandum
of agreements (MOA) disputes, negotiating and drafting
charterparty terms and long term supply contracts, sanctions advice (relating to Iran, Syria, Ivory Coast), shipbuilding disputes and in relation to marine fraud investigations and asset tracing.
Interim anti arbitration injunction to restrain Singapore arbitration pending a determination by the English Court
of the identity
of the parties to a
charterparty and whether the
charterparty contained a London or Singapore arbitration clause.
The judgment is also the first
of its kind ordering the recognition and enforcement
of a foreign arbitral award made on the basis
of an unsigned
charterparty.
Regularly advising on the proper interpretation and effect
of commercial documents with ad hoc terms and / or incorporating international conventions including bills
of lading,
charterparties and other contracts.
Charterparty dispute concerning frustration
of long term contract
of affreightment worth several million dollars.
Charterparty and bill
of lading disputes including Hague / Hague - Visby Rules, unseaworthiness claims, unsafe port disputes, disputes as to demurrage, hire and detention, liens.