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Friday, 22 August 14
ARBITRATION CLAUSE IN LOU HELD TO REPLACE CHARTERPARTY ARBITRATION CLAUSE
 KNOWLEDGE TO ELEVATE
The Claimants had claims for cargo damage against the vessel Owners arising under four bills of lading. The vessel was the subject of a chain of three charterparties. The head and sub-charter provided for London Arbitration (two arbitrators unless a sole could be agreed), and the LMAA Small Claims Procedure for claims under US$100,000. The sub-sub-charter provided for Singapore Arbitration.
Owners’ P&I Club provided an LOU to the Claimants as security for their claims. The LOU provided for London Arbitration before a three-man Tribunal, stating in part: “we confirm that the Ship Owners agree that the above mentioned claims shall be subject to London Arbitration … and English Law to apply … and for each party to nominate its own arbitrator and the two so appointed may appoint a third”.
The Claimants commenced arbitration under the terms of the LOU, and Owners challenged the Tribunal’s jurisdiction. Owners argued that the arbitration clause in the head charter was incorporated into the bills of lading and that this remained intact, despite the provisions of the LOU. This included the use of the Small Claims Procedure. Owners said that the appointed Tribunal had no jurisdiction over claims which would inevitably be less than US$100,000.
The Court held that the arbitration provision in the LOU replaced the charterparty arbitration clauses. The Claimants had validly commenced arbitration and the Tribunal as appointed had jurisdiction.
The key question was whether the parties had intended the provisions of the LOU to replace the original arbitration provisions wholesale, or merely to vary them in limited respects but leaving them in force. The arbitration clause in the LOU was comprehensive and able to operate as a free standing agreement. Further, there was no reason in principle why the terms of the LOU should not operate as a complete replacement.
The Court identified “compelling reasons” supporting the parties’ intention that this should be the outcome. A particular focus was placed on certainty. Having an arbitration agreement located partly in an LOU and partly in a charterparty would be a “recipe for confusion”, especially where, as here, there was scope for disagreement as to which of the charterparty arbitration clauses would apply. The possibility of such disagreement was removed by the LOU.
This case highlights the importance of considering carefully whether the provisions of any binding documents, such as LOUs, will vary or even supersede the provisions of existing contracts. The court will consider all such documents in context, and in the light of common business sense. The parties’ intentions do not have to be explicitly set down in documents or correspondence for the court to make findings, in light of all the circumstances, as to what those intentions were.
Finally, it is interesting to note the Court’s comments, at the beginning of the judgment that it is difficult to see that the parties’ costs were well spent, where the amounts in dispute were modest and there was no dispute that the claims ought to be arbitrated. The Court noted that, in fact, Owners appeared to be seeking to knock out the claims on a technical point, because any new arbitration would be time barred, albeit it accepted that this was something which Owners were entitled to do.
Source: Reed Smith
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Friday, 01 December 23
COAL MINERS GROUP EXPECTS INDONESIA’S 2023 COAL OUTPUT TO SURPASS TARGET - REUTERS
The Indonesian Coal Mining Association (ICMA) expects the country’s 2023 coal output to surpass the official target of 695 million metric ton ...
Friday, 24 November 23
COAL IMPORTS TO INDIA IN OCTOBER 2023 REACHED HIGHEST LEVELS IN NEARLY A YEAR AND A HALF - VESSELSVALUE, VESON NAUTICAL
In October, coal imports to India reached 13.8 mt in October 2023, according to Oceanbolt, a Veson Nautical solution, the highest level since May 2 ...
Friday, 24 November 23
COAL SHIPMENTS TO ADVANCED ECONOMIES DOWN 17% SO FAR IN 2023 - BIMCO
In the first ten months of 2023, coal shipments to advanced economies fell by 17% y/y, as demand for electricity declined and the share of electric ...
Friday, 24 November 23
INTELLIGENT COAL MINES CONTRIBUTE TO IMPROVING SAFETY STANDARDS - CHINA DAILY
Mechanization, automation and intelligent upgrades have contributed to improved safety in coal mines, though the level of development of intelligen ...
Friday, 24 November 23
WHY AUSTRALIA'S COAL MINES ARE GETTING BIGGER - IEEFA
Australia’s largest coal mines are getting larger. Mines in New South Wales (NSW) are ramping up production following the state’s recov ...
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- Makarim & Taira - Indonesia
- Central Java Power - Indonesia
- ICICI Bank Limited - India
- Maheswari Brothers Coal Limited - India
- Sarangani Energy Corporation, Philippines
- Sindya Power Generating Company Private Ltd
- Miang Besar Coal Terminal - Indonesia
- The State Trading Corporation of India Ltd
- Antam Resourcindo - Indonesia
- Ambuja Cements Ltd - India
- GVK Power & Infra Limited - India
- Straits Asia Resources Limited - Singapore
- Renaissance Capital - South Africa
- PowerSource Philippines DevCo
- GMR Energy Limited - India
- Coalindo Energy - Indonesia
- Energy Link Ltd, New Zealand
- Bank of Tokyo Mitsubishi UFJ Ltd
- Sree Jayajothi Cements Limited - India
- Deloitte Consulting - India
- International Coal Ventures Pvt Ltd - India
- Madhucon Powers Ltd - India
- Energy Development Corp, Philippines
- Oldendorff Carriers - Singapore
- Kepco SPC Power Corporation, Philippines
- Parry Sugars Refinery, India
- Orica Mining Services - Indonesia
- Global Green Power PLC Corporation, Philippines
- Tamil Nadu electricity Board
- Africa Commodities Group - South Africa
- PetroVietnam Power Coal Import and Supply Company
- Indika Energy - Indonesia
- Indian Oil Corporation Limited
- Indo Tambangraya Megah - Indonesia
- Electricity Authority, New Zealand
- Directorate General of MIneral and Coal - Indonesia
- Coastal Gujarat Power Limited - India
- Rashtriya Ispat Nigam Limited - India
- Sojitz Corporation - Japan
- Marubeni Corporation - India
- Sinarmas Energy and Mining - Indonesia
- Bulk Trading Sa - Switzerland
- New Zealand Coal & Carbon
- MS Steel International - UAE
- Aboitiz Power Corporation - Philippines
- Ministry of Mines - Canada
- India Bulls Power Limited - India
- IHS Mccloskey Coal Group - USA
- Gujarat Mineral Development Corp Ltd - India
- Lanco Infratech Ltd - India
- Leighton Contractors Pty Ltd - Australia
- LBH Netherlands Bv - Netherlands
- Petron Corporation, Philippines
- Bhushan Steel Limited - India
- Gujarat Sidhee Cement - India
- The Treasury - Australian Government
- Billiton Holdings Pty Ltd - Australia
- GAC Shipping (India) Pvt Ltd
- Wilmar Investment Holdings
- Sical Logistics Limited - India
- Kideco Jaya Agung - Indonesia
- Alfred C Toepfer International GmbH - Germany
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- SN Aboitiz Power Inc, Philippines
- Samtan Co., Ltd - South Korea
- Timah Investasi Mineral - Indoneisa
- Asmin Koalindo Tuhup - Indonesia
- Romanian Commodities Exchange
- Iligan Light & Power Inc, Philippines
- Agrawal Coal Company - India
- Neyveli Lignite Corporation Ltd, - India
- The University of Queensland
- Goldman Sachs - Singapore
- Xindia Steels Limited - India
- Kobexindo Tractors - Indoneisa
- Toyota Tsusho Corporation, Japan
- Heidelberg Cement - Germany
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Bayan Resources Tbk. - Indonesia
- Trasteel International SA, Italy
- Uttam Galva Steels Limited - India
- Gujarat Electricity Regulatory Commission - India
- Mintek Dendrill Indonesia
- Kartika Selabumi Mining - Indonesia
- Mercuria Energy - Indonesia
- Binh Thuan Hamico - Vietnam
- TNB Fuel Sdn Bhd - Malaysia
- Cement Manufacturers Association - India
- Carbofer General Trading SA - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Central Electricity Authority - India
- Intertek Mineral Services - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- Mercator Lines Limited - India
- Barasentosa Lestari - Indonesia
- VISA Power Limited - India
- Star Paper Mills Limited - India
- CIMB Investment Bank - Malaysia
- Videocon Industries ltd - India
- IEA Clean Coal Centre - UK
- SMC Global Power, Philippines
- Georgia Ports Authority, United States
- Chettinad Cement Corporation Ltd - India
- Global Coal Blending Company Limited - Australia
- Bahari Cakrawala Sebuku - Indonesia
- Jaiprakash Power Ventures ltd
- Offshore Bulk Terminal Pte Ltd, Singapore
- London Commodity Brokers - England
- Aditya Birla Group - India
- Savvy Resources Ltd - HongKong
- Formosa Plastics Group - Taiwan
- Attock Cement Pakistan Limited
- Kohat Cement Company Ltd. - Pakistan
- Thai Mozambique Logistica
- Bangladesh Power Developement Board
- Wood Mackenzie - Singapore
- PNOC Exploration Corporation - Philippines
- TeaM Sual Corporation - Philippines
- Bhatia International Limited - India
- Ceylon Electricity Board - Sri Lanka
- Commonwealth Bank - Australia
- Orica Australia Pty. Ltd.
- Cigading International Bulk Terminal - Indonesia
- Medco Energi Mining Internasional
- Banpu Public Company Limited - Thailand
- Ministry of Finance - Indonesia
- Indogreen Group - Indonesia
- Independent Power Producers Association of India
- Ind-Barath Power Infra Limited - India
- Australian Commodity Traders Exchange
- South Luzon Thermal Energy Corporation
- Mjunction Services Limited - India
- Therma Luzon, Inc, Philippines
- Australian Coal Association
- Interocean Group of Companies - India
- Manunggal Multi Energi - Indonesia
- Eastern Energy - Thailand
- Directorate Of Revenue Intelligence - India
- Bharathi Cement Corporation - India
- Meralco Power Generation, Philippines
- Merrill Lynch Commodities Europe
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Indonesian Coal Mining Association
- Grasim Industreis Ltd - India
- Planning Commission, India
- SMG Consultants - Indonesia
- Edison Trading Spa - Italy
- Singapore Mercantile Exchange
- AsiaOL BioFuels Corp., Philippines
- Parliament of New Zealand
- Tata Chemicals Ltd - India
- Vijayanagar Sugar Pvt Ltd - India
- Indian Energy Exchange, India
- Metalloyd Limited - United Kingdom
- Dalmia Cement Bharat India
- Simpson Spence & Young - Indonesia
- Holcim Trading Pte Ltd - Singapore
- Thiess Contractors Indonesia
- Krishnapatnam Port Company Ltd. - India
- Siam City Cement PLC, Thailand
- Sakthi Sugars Limited - India
- Globalindo Alam Lestari - Indonesia
- Rio Tinto Coal - Australia
- Port Waratah Coal Services - Australia
- Maharashtra Electricity Regulatory Commission - India
- Bukit Asam (Persero) Tbk - Indonesia
- Ministry of Transport, Egypt
- Kumho Petrochemical, South Korea
- San Jose City I Power Corp, Philippines
- Bukit Makmur.PT - Indonesia
- PTC India Limited - India
- Chamber of Mines of South Africa
- Semirara Mining and Power Corporation, Philippines
- Bhoruka Overseas - Indonesia
- Vizag Seaport Private Limited - India
- Salva Resources Pvt Ltd - India
- Pendopo Energi Batubara - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- European Bulk Services B.V. - Netherlands
- Riau Bara Harum - Indonesia
- Power Finance Corporation Ltd., India
- Eastern Coal Council - USA
- Economic Council, Georgia
- Baramulti Group, Indonesia
- White Energy Company Limited
- Karbindo Abesyapradhi - Indoneisa
- CNBM International Corporation - China
- Bukit Baiduri Energy - Indonesia
- Siam City Cement - Thailand
- Jindal Steel & Power Ltd - India
- Anglo American - United Kingdom
- Vedanta Resources Plc - India
- Global Business Power Corporation, Philippines
- Altura Mining Limited, Indonesia
- McConnell Dowell - Australia
- Kalimantan Lumbung Energi - Indonesia
- Meenaskhi Energy Private Limited - India
- Posco Energy - South Korea
- Karaikal Port Pvt Ltd - India
- Coal and Oil Company - UAE
- Kaltim Prima Coal - Indonesia
- Minerals Council of Australia
- Borneo Indobara - Indonesia
- Latin American Coal - Colombia
- Kapuas Tunggal Persada - Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Electricity Generating Authority of Thailand
- Semirara Mining Corp, Philippines
- Price Waterhouse Coopers - Russia
- OPG Power Generation Pvt Ltd - India
- Malabar Cements Ltd - India
- GN Power Mariveles Coal Plant, Philippines
- Larsen & Toubro Limited - India
- Essar Steel Hazira Ltd - India
- Standard Chartered Bank - UAE
- ASAPP Information Group - India
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