Issue 186

1. Early loading A RECENT maritime arbitration in London dealt with the issue of early loading, and its effect on the running of laytime. The charter party at issue included a clause under which the charterers, if they agreed to the vessel loading earlier than the start of laydays, should have the benefit of the …Read the full article

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Issue 185

1. Sour taste A HAPLESS Venezuelan exporter of citrus fruit has been revealed as one of the first people to be trapped by the rigorous US enforcement of the ISPS code. It is assumed he was the victim of a malicious hoax. Five containerloads of lemons were shipped from La Guaira to Newark but, while …Read the full article

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Issue 184

1. New Turkish maritime court A NEW maritime and admiralty court has been established in Turkey. The Ulgener Law Office in Istanbul says the new court will be competent to hear all disputes involving admiralty and maritime matters, including collision, grounding, salvage, cargo claims, charter party disputes, sale and purchase agreements, mortgages and liens. It …Read the full article

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Issue 183

1. Stamp of authority LAST month’s European Court of Justice ruling on ship registration rules in the Netherlands has wider implications for ship registration in all EC countries, says leading Dutch law firm AKD Prinsen Van Wijmen. The ECJ decision means all EC countries, not just the Netherlands, must be careful to observe the right …Read the full article

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Issue 182

1. Agents warned on switching ITIC (International Transport Intermediaries Club) has warned that ship agents face large claims for losses if they fail to follow simple rules when issuing ‘switch’ bills of lading. It is not unusual for ship agents to be instructed by their principals to issue a second, or ‘switch’, set of bills …Read the full article

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Issue 181

1. Staying in Nigeria THE supreme court in Nigeria has overruled the country’s trial and appeal courts by agreeing to stay proceedings and lift a vessel arrest order in a dispute over an alleged charter party breach which had already been referred to arbitrators in London, prior to filing of the dispute in the Lagos …Read the full article

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Issue 180

1. Singapore arbitration SHIPPING interests will have a new potential venue for the resolution of disputes when Singapore launches a maritime arbitration centre next week. The Singapore Chamber of Maritime Arbitration (SCMA) will provide for the “speedy and reliable” resolution of shipping disputes for charterers and other parties within the region. On November 8, the …Read the full article

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Issue 179

1. IBIA launches ADR schemes THE International Bunker Industry Association (IBIA) will unveil new mediation and arbitration dispute resolution services next month at its annual convention in Buenos Aires. Very little of the bunker industry’s dirty linen is washed in public. But Ian Adams, IBIA secretary-general, says, “Those disputes that do arise are usually quite …Read the full article

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Issue 178

1. EU ruling on Dutch registration LAST week the European Court of Justice ruled that the Dutch requirements for registration of vessels in the Netherlands are a violation of European law, especially the right of free establishment. In accordance with European law, non-EU companies must have access to the European market if they are founded …Read the full article

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Issue 177

1. Misfortune risk A RECENT London arbitration, reported by Richards Butler in its monthly shipping newsletter, dealt with a dispute about the level of Suez Canal dues which a charterer was obliged to pay, based on the representation of the vessel by the owner. The vessel, a bulk carrier, was chartered on the NYPE form …Read the full article

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Issue 176

1. Don’t give up the day job IT’S not often that an insurance seminar raises a laugh. But the International Transport Intermediaries Club (ITIC) Forum managed it last week. At the two-day event, held at London’s Dorchester Hotel, a mock mediation was conducted around a professional negligence dispute. The mediation was chaired by Peregrine Massey, …Read the full article

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Issue 175

1. Surveying paying off SURVEYORS can save you money. In the latest edition of its ‘Signals’ newsletter, the North of England P&I Club quotes two recent cases where it appointed judicial surveyors in connection with grain shipments involving North African countries. The club says the appointment of the surveyors, at an average cost of about …Read the full article

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Issue 174

1. New Venezuelan maritime courts WE are indebted to John Richard Prados for news that the Venezuelan Supreme Court of Justice (TSJ) has finally reached a decision to set up the Venezuelan First Maritime High Court, as well as the First Maritime Court, both based in Caracas and both having lawful nation-wide jurisdiction. The Venezuelan …Read the full article

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Issue 173

1. Who can conduct a case? DESPITE mutterings from your editor and others about the lack of published awards, London is still one of the world’s leading arbitration centres. One of the attractions of English arbitration law is that foreign lawyers are entitled to conduct arbitrations taking place in England, and to instruct English barristers …Read the full article

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Issue 172

1. OCIMF launches barge inspection programme 2. Recording angel 3. Gold standard 4. Flipped 1. OCIMF launches barge inspection programme THE Oil Companies International Maritime Forum has announced that its ship inspection and reporting programme (SIRE) is to be extended to cover barge inspections from October this year. The new system will cover all vessels …Read the full article

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Issue 171

1. Conference precedent A RECENT ruling from the Court of Appeal in England has confirmed that liner conferences are not necessarily responsible for the unwise decisions of competitors. The judgement sets a significant precedent for future competition cases, say Davies Arnold Davies, which successfully defended Borchard Lines and other members of a liner conference against …Read the full article

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