The Dolphina – High Court of Singapore (Belinda Ang Saw Ean J) – 30 December 2011

Carriage of goods by sea – Title to sue – Shipowners delivering cargo without production of original bills of lading – Whether claimant bank lawful holder of bill of lading – Carriage of Goods by Sea Act 1992 – Tort – Whether shipowner liable for civil conspiracy to defraud bank

(2012) 839 LMLN 2

Bills of lading

Easybiz Investments v Sinograin Oils Corporation and Anr (The "Biz") - QBD (Comm Ct) (Hamblen J) - 7 September 2010

Arbitration - Jurisdiction - Commencement - Cargo interests giving single notice to shipowners to appoint an arbitrator in respect of disputes arising under 10 bill of lading contracts - Whether notice valid to commence 10 separate arbitrations

(2010) 811 LMLN 3

Jurisdiction, Bills of lading

Pace Shipping Co Ltd v Churchgate Nigeria Ltd (The "Pace") (No 2) - QBD (Comm Ct) (Burton J) - 7 October 2010

Carriage of goods by sea - Bill of lading holder bringing claim in own name against carrier in respect of short-delivery of cargo - Bill of lading holder asserting title to sue under section 2 of Carriage of Goods by Sea Act 1992 - Arbitration tribunal determining that rights of suit transferred to bill of lading holder under section 2(2)(a) and that bill of lading holder was entitled to damages whether or not it was the owner of the cargo - Shipowners contending that if bill of lading holder was not the owner of the cargo it could only succeed if it pleaded a cause of action under section 2(4) - Whether bill of lading holder required to plead in alternative that it was bringing a claim under section 2(4) on behalf of owner of cargo

(2010) 810 LMLN 1(2)

Bills of lading

Kawasaki Kisen Kaisha Ltd and Ors v Regal-Beloit Corp and Ors – US Supreme Court (Roberts CJ, Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito and Sotomayor JJ) – 21 June 2010

Carriage of goods by sea – Through bills of lading – Shipowners issuing bills of lading for combined ocean and inland transportation of goods from China to United States – Bills of lading incorporating US COGSA and containing Tokyo forum selection clause – Goods lost in course of inland rail carriage – Cargo owners bringing proceedings in United States against ocean and inland carriers – Whether cargo owners bound by forum selection clause – Whether forum selection clause disapplied by reason of Carmack Amendment

(2010) 800 LMLN 3

Loss/Damage, Bills of lading

Charmax Trading Ltd v WT Sea Air Asia Ltd and Anr – High Court of Hong Kong SAR (Reyes J) – 1 December 2009

The plaintiff (“Charmax”) sold goods to Marchpole and Homebody in the UK.

Pace Shipping Co Ltd v Churchgate Nigeria Ltd (The “Pace”) – QBD (Com Ct) (Teare J) – 31 July 2009

In June 2004 the vessel Pace loaded a cargo of bagged rice in Thailand for carriage to Nigeria.

Carewins Development (China) Ltd v Bright Fortune Shipping Ltd – High Court of Hong Kong Special Administrative Region Court of Appeal (Ma CJ, Barma and Reyes JJ) – 13 July 2007

The defendant freight forwarders issued bills of lading to the plaintiffs for carriage of consignments of goods from Hong Kong to Los Angeles, California.

Hilditch Pty Ltd v Dorval Kaiun KK (The “Golden Lucy 1”) (No 2) – Federal Court of Australia (NSW District Registry) (Rares J) – 14 December 2007

The plaintiff (“Hilditch”) agreed to purchase from SK Corporation of Korea a cargo of refined oil products CFR for shipment from Ulsan, Korea, to Port Botany in New South Wales.

Trafigura Beheer BV and Anr v Mediterranean Shipping Co SA (The “MSC Amsterdam”) – Court of Appeal (Tuckey, Longmore and Lloyd LJJ) – 27 July 2007

The claimants (“Trafigura”) were the owners of a cargo comprising 18 containers of copper cathodes which, on 30 September 2005, was shipped on board the defendant’s vessel MSC Amsterdam at Durban for carriage to Shanghai.

Trafigura Beheer BV and Anr v Mediterranean Shipping Co SA (The “MSC Amsterdam”) – QBD (Com Ct) (Aikens J) – 26 April 2007

The claimants (“Trafigura”) were the shippers and consignees of a cargo comprising 18 containers of copper cathodes which, on 30 September 2005, was shipped on board the defendant’s vessel MSC Amsterdam at Durban, South Africa, for carriage to Shanghai.

London Arbitration 11/07

The claimants brought arbitration proceedings alleging that they were the owners of a cargo of rice carried from Thailand to Lagos, Nigeria under a number of bills of lading.

London Arbitration 19/06

The vessel was chartered on the Synacomex 90 form for the carriage of a cargo of 6,500 metric tons of wheat in bulk (5% more or less in the owners’ option) from Turkey to Italy.