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

London Arbitration 4/11

Charterparty - Speed and consumption warranty - Whether charterers entitled to raise equitable set-off - Whether vessel off-hire - Whether owners in breach of performance warranty

(2011) 826 LMLN 2

Off-hire, Charter Interpretation

London Arbitration 5/11

Charterparty - Vessel not thoroughly cleaned and dried on delivery to charterers - Delay in berthing vessel at loading port - Whether owners entitled to hire during period of delay - Whether owners in breach of charter - Whether vessel off-hire

(2011) 826 LMLN 3

Off-hire, Hire Rate/Payment, Charter Interpretation

London Arbitration 1/11

Charterparty - Redelivery - Charterers having option to add any off-hire period to basic charter period - Clause 13 of printed NYPE form deleted - Vessel off-hire for 159 days - Vessel re-delivered outside basic charter period - Whether charterers required to expressly exercise option to add off-hire - Whether option in fact exercised - Whether charterers in breach of charter in failing to redeliver vessel within basic charter period

(2011) 817 LMLN 2

Arbitration, Off-hire

London Arbitration 22 /10

Time-charterers brought arbitration proceedings against owners alleging that the cargo in a number of the vessel’s holds had been wetted by sea water due to defects in the hatch covers, as a result of which the cargo was not passed by the discharge port authorities and the vessel was prevented from berthing.

London Arbitration 17/10

Disputes arose under a time-charterparty, clause 45 of which provided:

Cosco Bulk Carrier Co Ltd v Team-Up Owning Co Ltd (The “Saldanha”) – QBD (Comm Ct)(Gross J) – 11 June 2010

The vessel Saldanha was chartered on the NYPE form as amended for a period of 47 to 50 months.

London Arbitration 8/10

The vessel was chartered on the NYPE form for a time charter trip carrying bagged sugar from Ravenna to Iraq, although the destination was ultimately changed to Aqaba, Jordan.

London Arbitration 4/10

The vessel was time chartered on amended NYPE terms to perform a single voyage under the charterers’ sub-contract of affreightment (“the sub-charter”).

Gas Natural Aprovisionamientos SDG SA v Methane Services Ltd (The “Khannur”) – QBD (Com Ct)(Walker J) – 25 September 2009

On 4 December 2001 the claimant charterers concluded a long-term time charter with the defendant disponent owners (“owners”) of a liquid natural gas carrier defined as “ Khannur or a substitute LNG Tanker as provided in clause 59”.

TS Lines Ltd v Delphis NV (The “TS Singapore”) – QBD (Com Ct) (Burton J) – 25 February 2009

The vessel TS Singapore was chartered by her owners Ulrike F Kai Freese GmbH & Co KG to Delphis NV on the NYPE form.

London Arbitration 12/08

The vessel was chartered on the NYPE form as amended for one time charter trip between ports in the Far East via South Africa to the east coast of South America and then back again on a similar route via Durban.

London Arbitration 10/08

The vessel was chartered on the NYPE form as amended for one time charter trip between ports in the Far East via South Africa to the east coast of South America and then back again on a similar route via Durban.

London Arbitration 9/08

The vessel was chartered on an amended NYPE form for one time charter trip via China to East/South/West Africa of about 70/90 days without guarantee with an intended cargo of bagged rice.