This was a collision claim brought by the Owners of "Arctic Bridge" against the Owners of "Tian E Zuo". As in any collision claim, the facts of the dispute are crucial to the court's findings but the facts of this case are particularly complex.
QCR Winter 2018: Carriage of goods by sea - Contract of carriage in charterparty or bill of lading...
Carriage of goods by sea - Contract of carriage in charterparty or bill of lading - Can cargo interests sue under straight bill of lading - Whether voluntary salvors entitled to be rewarded - Whether cargo interests entitled to recover transhipment costs - Whether cargo interests liable to contribute in general average if vessel not seaworthy at the commencement of the voyage
QCR Winter 2018: Claim for unjust enrichment - At what point in time was the bank enriched in respect of payment made by a borrower who was subject to a sanctions regime - Limitation Act 1980
Sixteenth Ocean GMBH & Co KG ("16th Ocean"), a subsidiary of the Islamic Republic of Iran Shipping Lines (IRISL), entered into a shipbuilding contract with Hyundai Heavy Industries Co Ltd (Hyundai) for the construction of a container carrier by Hyundai and its purchase by the IRISL subsidiary. 16th Ocean entered into a loan agreement with three lenders, including Societe Generale (SocGen), to finance the construction and the purchase of the vessel.
QCR Winter 2018: Claim under charterparty performance guarantee - Evidence of bribery allegedly obtained by torture - Whether charterparty enforceable
The disponent claimant, Shagang Shipping Co Ltd (Shagang), chartered the vessel Dong-A Astrea, to Grand China Shipping Co Ltd. Grand China's obligations under the charterparty were guaranteed by the defendant HNA Group Co Ltd ("HNA"). Grand China failed to comply with its obligations under the charterparty. It was in repudiatory breach, which breach was accepted by Shagang, and the charterparty was terminated in 2012.
QCR Winter 2018: Death of passenger on chartered vessel - When will the time bar be extended to three years under Athens Convention?
Mr Warner chartered a vessel operated by the defendant for the week 11 to 18 August 2012 for the purpose of diving. He died in a diving accident on 14 August 2012. The claimants were his widow and their under aged son, born in November 2011. The claim was lodged on 14 May 2015, more than two years but less than three years after the intended disembarkation, which was agreed to be 18 August 2012. The defendant argued that the claim was time barred.
QCR Winter 2018: Excessive speed - a prime example of a fault likely to contribute to a collision occurring and to the severity of the collision
This decision is an appeal from the High Court's judgement reported by the Club in QCR Summer 2017.
QCR Winter 2018: Issuing and sending letter of credit through SWIFT on form MT700 - Party issuing the letter of credit the Issuing Bank? - Extrinsic evidence could be relevant
The claimant Yuchai Dongte, a Chinese manufacturer, sought payment pursuant to a letter of credit (LC) which it said had been issued by the defendant on 10 March 2014. The defendant provided financial services and was a member of the SWIFT network - a global platform for secure financial messaging using common standards and forms, but it was not a bank.
QCR Winter 2018: Sale of goods - Letter of indemnity signed by seller and by seller's bank - Measure of damages for breach of contract by reference to a sub-sale
Euro-Asian Oil SA entered into four transactions with Abilo where Abilo purchased ultra-low sulphur diesel, sold it on to Euro-Asian CIF Constanza, who further sold it on to Real Oil. This dispute related to the fourth transaction where Euro-Asian had agreed to buy, and Abilo agreed to sell 20,000 mt ultra-low sulphur diesel (ULSD).