Finmoon Ltd and Anr v Baltic Reefers Management Ltd and Ors – QBD (Com Ct)(Eder J) – 17 April 2012

Charterparty – Contract of affreightment – Whether concluded by conduct – Carriage of goods by sea – Bills of lading cancelled and reissued – Whether bills were contracts of carriage or mere receipts – Arbitration – Whether arbitration validly commenced – Agency – Undisclosed principal – Whether party to arbitration

(2012) 846 LMLN 1

Charterparty

Osmium Shipping Corporation v Cargill International SA (The “Captain Stefanos”) – QBD (Com Ct)(Cooke J) – 13 March 2012

Charterparty – Off-hire – Vessel hijacked by Somali pirates – Construction of off-hire clause – Whether “seizure” had to be carried out “by any authority”

(2012) 844 LMLN 2

Off-hire

YM Mars Tankers Ltd v Shield Petroleum Co (Nigeria) Ltd and Anr (The “YM Saturni”) – QBD (Com Ct)(Gloster J) – 27 February 2012

Practice – Anti-suit injunction – Cargo receivers bringing claim against shipowners in Nigeria for US$13 million – Shipowners obtaining anti-suit injunction on basis of charterparty “Law and Litigation Clause” providing for English High Court jurisdiction for claims exceeding US$50,000 and for London arbitration for claims below that amount – Receivers applying to discharge injunction – Whether bill of lading incorporating terms of governing charterparty “including the Law and Arbitration Clause” had effect to incorporate the “Law and Litigation Clause” – Whether injunction should be discharged

(2012) 844 LMLN (2)2

Charterparty, Injunctions and Remedies

Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV (The “Rowan”) – Court of Appeal (Longmore and Davis LJJ and Sir David Keene) – 27 January 2012

Charterparty – Tanker voyage charter – Owners warranting vessel “approved” by specified oil majors – Construction of warranty – Whether owners in breach of warranty following imposition of Class condition

(2012) 843 LMLN 1

Charterparty

Progress Bulk Carriers Ltd v Tube City IMS LLC (The “Cenk Kaptanoglu”) – QBD (Com Ct)(Cooke J) – 17 February 2012

On 2 April 2009 Progress Bulk Carriers, as owners, concluded a charter of the vessel Cenk Kaptanoglu (“Cenk K”) to Tube City, as charterers, for carriage, on that named vessel, of a cargo of shredded scrap from the Mississippi River to China. The charter did not give any right to substitute the vessel.

Seearland Shipping Management BV v Standard Tankers Bahamas Ltd (The “Elisewin”) – Before John F Ring Jr, Louis P Sheinbaum and Peter J Zambito, Chairman – 21 June 2011

On 10 January 2008 Seearland Shipping Management, as disponent owners of the vessel Elisewin, chartered her to Standard Tankers on the ExxonMobil Tanker Voyage Charterparty 2005 form for the carriage of 130,000 cubic metres of crude oil and/or condensate from 1 or 2 safe port(s) West Africa (Nigeria-Angola Range) for loading, with discharging at 1 or 2 safe ports/places US Gulf, including STS/Lightering and/or Loop, including the Bahamas, but excluding Florida.

Eitzen Bulk A/S v TTMI SARL (The “Bonnie Smithwick”) – QBD (Com Ct)(Eder J) – 14 February 2012

Charterparty – Bunkers on redelivery – Shelltime 4 form – Meaning of words “price actually paid” in clause 15

Pacific Basin IHX Ltd v Bulkhandling Handymax AS (The “Triton Lark”) – QBD (Com Ct)(Teare J) – 25 January 2012

On 8 November 2011 judgment was given as to the true construction of clause 1(b) and (2) of CONWARTIME 1993.

London Arbitration 12/11

The vessel was chartered on an amended Baltime 1939 form for a period of six months plus or minus 15 days in charterers’ option. For her first voyage, the charterers had sub-chartered the vessel for the carriage of a cargo of bagged cement from Antalya, Turkey, to Matadi in the Democratic Republic of Congo.

MH Progress Lines SA v Orient Shipping Rotterdam BV (The “Genius Star 1”) – QBD (Com Ct)(Teare J) – 28 November 2011

The vessel Genius Star 1 was chartered by the claimant owners to Orient Shipping (“the head charterers”) on an amended NYPE 1946 form.

London Arbitration 10/11

The vessel, a VLCC, was chartered for a voyage which included discharging at Caofeidian, China. Freight was to be payable at the rate of WS160.

Hyundai Merchant Marine Co Ltd v Trafigura Beheer BV (The “Gaz Energy”) – QBD (Com Ct)(Flaux J) – 29 November 2011

By a time charter dated 21 November 2005 on an amended Shelltime 3 form with additional clauses and with Gas Form C, the defendant owners chartered the vessel Gaz Energy to head charterers for a period of 18 months.

London Arbitration 11/11

The vessel was time chartered by her registered owners (“the owners”) to C1, who in turn sub-chartered her to C2, who in turn sub-sub-chartered her to C3 (“the charterers”) for a trip.

Parbulk II A/S v Heritage Maritime Ltd SA (The “Mahakam”) – QBD (Com Ct)(Eder J) – 8 November 2011

On 11 December 2007 the parties entered into a bareboat charterparty of the vessel Mahakam for 60 months at a daily rate of US$38,500.