APL Co Pte Ltd v UK Aerosols Ltd and Ors – US Court of Appeals (9th Circuit)(J Clifford Wallace, Sydney R Thomas and Jay S Bybee Ct JJ) – 21 September 2009

Carriage of goods by sea – Indemnity - Carrier sustaining loss as a result of hazardous cargo - Bill of lading providing for “merchant” to indemnify carrier regardless of fault – Carrier bringing proceedings against shippers and endorsees as “merchants” – Whether endorsees “shippers” under COGSA – Whether bill of lading violated COGSA

(2009) 781 LMLN 3(2)

Indemnity Clauses

The “DG Harmony” – US District Court (SDNY) (Chin DJ) – 30 September 2009

Carriage of goods by sea – Dangerous goods – Vessel catching fire – Various parties bringing proceedings against carriers and shippers of dangerous cargo – Carriers entering into settlement – Shippers of dangerous cargo subsequently held to be 100% liable – Whether carriers entitled to indemnity from shippers

(2009) 780 LMLN 3(2)

Indemnity Clauses, Dangerous Goods

Farenco Shipping Co Ltd v Daebo Shipping Co Ltd (The “Bremen Max”) – QBD (Com Ct) (Teare J) – 11 November 2008

Carriage of goods by sea – Letter of indemnity – Cargo discharged without production of bills of lading – Whether charterer’s obligation to provide security discharged by owners putting up security themselves – Whether undertakings in LOI conditional upon delivery to party named in LOI

(2008) 757 LMLN 1

Indemnity Clauses

London Arbitration 13/08

Charterparty – Indemnity – NYPE form – Master endorsing mate’s receipts referring to pre-loading survey report – Survey report indicating rust-staining and damage to cargo – Charterers issuing clean bills of lading – Cargo receivers bringing claim against shipowners – Charterparty incorporating NYPE Inter-Club Agreement – Whether shipowners entitled to declaration that charterers bound to indemnify shipowners against receivers’ claims

(2008) 753 LMLN 4

Arbitration, Loss/Damage, Indemnity Clauses

Bottigliere Di Navigazione SpA v Tradeline LLC (The “Kavo Delfini”) – US District Court (SDNY)(Kaplan DJ) – 6 February 2007

The plaintiff disponent owners (“plaintiffs”) chartered the vessel Kavo Delfini to the defendant charterers (“defendants”) for the carriage of corn from Argentina to Iran.

Sonito Shipping Co Ltd v Sun United Maritime Ltd (The “Lazos”) – US District Court (SDNY)(Haight SDJ) – 16 March 2007

The plaintiff, as owner, entered into a charterparty with the defendant, as charterer, on the NYPE form for the use and operation of the plaintiff’s vessel Lazos.

Navalmar (UK) Ltd v Welspun Gujarat Stahl Rohren Ltd (The “Patara”) – US District Court (SDNY)(Hellerstein DJ) – 24 April 2007

The plaintiff time-chartered its vessel Patara to the defendant (“WGSR”).

London Arbitration 3/07

The vessel was chartered on an amended NYPE form for a period of minimum 12 months with charterers’ option up to maximum 14 months.

APL Co Pte Ltd v UK Aerosols Ltd and Ors – US District Court (ND California) (Marilyn Hall Patel DJ) – 28 September 2006

The first defendant shippers requested the plaintiff carrier to send a cargo of aerosols from Turkey to California.

The “DG Harmony” (No 2) – US District Ct (SDNY) (Chin DJ) – 6 July 2006

On 9 November 1998 the vessel DG Harmony caught fire at sea and subsequently became a constructive total loss.

Laemthong International Lines Ltd v ARTIS and Others (No 3) - QBD (Com Ct) (Aikens J) - 11 May 2005

The claimants were the owners of the vessel Laemthong Glory.

Laemthong International Lines Co Ltd v ARTIS and Ors (The "Laemthong Glory") (No 2) - Court of Appeal (Sir Andrew Morritt V-C, Clarke and Neuberger LJJ) - 5 May 2005

The claimant owners chartered their vessel Laemthong Glory to the first defendants ("the charterers") on an amended Sugar Charterparty 1999 form for a voyage from Santos to Aden carrying a cargo of bagged sugar.

Action Navigation Inc v Bottigliere Navigation SpA (The "Kitsa") - QBD (Com Ct) (Aikens J) - 16 February 2005

The bulk carrier Kitsa was chartered on an amended NYPE form for a period of about seven to nine months.

Laemthong International Lines Co Ltd v ARTIS and Ors - QBD (Com Ct) (Cooke J) - 8 November 2004

The claimant owners chartered their vessel Laemthong Glory to the first defendants ("the charterers") on an amended Sugar Charterparty 1999 form for a voyage from Santos to Aden carrying a cargo of bagged sugar.