Appeal Court decision provides important time bar guidance

Standard Club’s senior claims executive Ben Chandler has reported on a recent English Court of Appeal decision that provided important guidance on the applicability of charterparty time bar provisions to letters of indemnity (LOIs). The Songa Winds [2018] EWCA Civ 1901 looked at the interrelationship between LOIs and charterparty time bar provisions. Standard Club noted…

Consignees claim $200,000 over part-damaged consignment of seeds

A cargo recovery agent was engaged in relation to three containers of seeds that had arrived wet. The cargo had a total value of US$145,000. An initial survey concluded that the wet damage was condensation caused due to the container vents being blocked, thereby preventing air circulation. A further more detailed survey found that only…

Legal decision by Court leaves Time Bar open to doubt where there is a deviation

Lewis Moore, Toby Miller, Chris Primikiris and Beatrice Cameli of Hill Dickinson have written on the recent decision in Dera Commercial Estate v Derya Inc (The SUR) EWHC 1673. The Commercial Court dealt with a section 68 challenge and appeals on four issues of law under section 69 of the Arbitration Act 1996, from an…

Reinforcement of English law approach to international arbitral process

A report from John Habergham, Myton Law, Hull UK says that the recent decision of the Court of Appeal in Sinocore International v RBRG Trading (Lower court decision reported on by IMN on July 14th 2017) to reinforce the English Law approach to the international arbitral process was “to be respected and supported” This case…

Sacked crewmembers could have been able to appeal under French employment law

A recent case reported by professional indemnity mutual insurer for transport professionals ITIC, managed by Thomas Miller, highlighted the importance of owners and managers being aware of local employment law. Yacht managers were instructed by the owners to terminate the employment of two crew members. Both crew members were French nationals who were employed by…

Complexities of application of time bar

In its latest “Legal Eagle”, logistics and transport insurer TT Club considered the case of Deep Sea Maritime and allegations of misdelivery and whether time bars applied. Deep Sea Maritime issued a bill of lading that indicated Monjasa as shipper, for carriage by Libya-flagged, 61,348 gt tanker Alhani (IMO 9331153) of bunker fuel from Lome,…

New Jersey court says marine cargo policy inapplicable after 24 hours

Jason Minkin, Jonathan Cipriani and Katherine Martin of BatesCarey LLP in Chicago, Illinois, have noted a recent New Jersey case which ruled that a marine cargo insurance policy did not provide coverage for the theft of numerous containers of hair weaves more than 24 hours after they were delivered. The lawyers reported that the manner…

Court grants restraining injunction on Port de Djibouti SA

The High Court of England & Wales has granted an injunction restraining Djibouti’s port company, Port de Djibouti S.A. (PDSA), from treating as terminated its joint venture shareholders’ agreement with global trade enabler DP World. The High Court prohibited PDSA from removing directors of the Doraleh Container Terminal (DCT) joint venture company who were appointed…