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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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Monday, 17 July 23
APPROVED AMMONIA-FUELED CONTAINERSHIP - BENEFITS AND RISKS: REED SMITH
Following the news in Offshore Energy that Korea Maritime Consultants has secured approval in principle from the American Bureau of Shipping for it ...
Friday, 14 July 23
CLEAN COAL USE KEY TO DEEP CUTS IN EMISSIONS, STABLE ELECTRICITY SUPPLY - CHINA DAILY
China must push for the clean use of coal and step up integration of the dirty fuel with carbon capture, utilization and storage to achieve sustain ...
Thursday, 13 July 23
VIETNAM'S COAL EMISSIONS PRIMED FOR SURGE AFTER IMPORTS JUMP - REUTERS
Vietnam’s thermal power emissions are primed for a steep climb this summer after the country’s imports of thermal coal soared to their ...
Monday, 26 June 23
COAL PRODUCTION AND CONSUMPTION UP IN 2022 - EUROSTAT
In 2022, EU coal production and consumption continued to increase, reaching 349 million tonnes (+5% compared with the previous year) and 454 millio ...
Wednesday, 21 June 23
QATAR STRIKES SECOND BIG LNG SUPPLY DEAL WITH CHINA - REUTERS
Qatar on Tuesday secured its second large gas supply deal with a Chinese state-controlled company in less than a year, putting Asia clearly ahead i ...
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- Merrill Lynch Commodities Europe
- Baramulti Group, Indonesia
- Intertek Mineral Services - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Lanco Infratech Ltd - India
- Petron Corporation, Philippines
- Billiton Holdings Pty Ltd - Australia
- Bangladesh Power Developement Board
- Madhucon Powers Ltd - India
- Grasim Industreis Ltd - India
- Bayan Resources Tbk. - Indonesia
- Indian Oil Corporation Limited
- Power Finance Corporation Ltd., India
- Wood Mackenzie - Singapore
- Makarim & Taira - Indonesia
- Kepco SPC Power Corporation, Philippines
- Deloitte Consulting - India
- Gujarat Sidhee Cement - India
- Videocon Industries ltd - India
- Kapuas Tunggal Persada - Indonesia
- Commonwealth Bank - Australia
- Bulk Trading Sa - Switzerland
- Medco Energi Mining Internasional
- Kartika Selabumi Mining - Indonesia
- Vedanta Resources Plc - India
- Barasentosa Lestari - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- Holcim Trading Pte Ltd - Singapore
- Formosa Plastics Group - Taiwan
- Larsen & Toubro Limited - India
- Bhoruka Overseas - Indonesia
- Tata Chemicals Ltd - India
- Toyota Tsusho Corporation, Japan
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Georgia Ports Authority, United States
- Bhatia International Limited - India
- Meralco Power Generation, Philippines
- Independent Power Producers Association of India
- Kobexindo Tractors - Indoneisa
- IHS Mccloskey Coal Group - USA
- SMG Consultants - Indonesia
- VISA Power Limited - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Jindal Steel & Power Ltd - India
- Iligan Light & Power Inc, Philippines
- Rashtriya Ispat Nigam Limited - India
- Siam City Cement PLC, Thailand
- Carbofer General Trading SA - India
- Gujarat Mineral Development Corp Ltd - India
- Pendopo Energi Batubara - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Bhushan Steel Limited - India
- PowerSource Philippines DevCo
- Central Java Power - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- Sakthi Sugars Limited - India
- AsiaOL BioFuels Corp., Philippines
- Straits Asia Resources Limited - Singapore
- PNOC Exploration Corporation - Philippines
- SN Aboitiz Power Inc, Philippines
- Borneo Indobara - Indonesia
- Sojitz Corporation - Japan
- McConnell Dowell - Australia
- PetroVietnam Power Coal Import and Supply Company
- Parry Sugars Refinery, India
- Anglo American - United Kingdom
- New Zealand Coal & Carbon
- Orica Mining Services - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Global Coal Blending Company Limited - Australia
- Agrawal Coal Company - India
- Pipit Mutiara Jaya. PT, Indonesia
- Energy Development Corp, Philippines
- Leighton Contractors Pty Ltd - Australia
- Xindia Steels Limited - India
- SMC Global Power, Philippines
- The University of Queensland
- Indogreen Group - Indonesia
- GMR Energy Limited - India
- Neyveli Lignite Corporation Ltd, - India
- Eastern Energy - Thailand
- Sree Jayajothi Cements Limited - India
- Australian Commodity Traders Exchange
- Bahari Cakrawala Sebuku - Indonesia
- Central Electricity Authority - India
- Manunggal Multi Energi - Indonesia
- Binh Thuan Hamico - Vietnam
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Globalindo Alam Lestari - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- Vijayanagar Sugar Pvt Ltd - India
- Savvy Resources Ltd - HongKong
- Planning Commission, India
- IEA Clean Coal Centre - UK
- Aboitiz Power Corporation - Philippines
- Uttam Galva Steels Limited - India
- Directorate Of Revenue Intelligence - India
- Mintek Dendrill Indonesia
- Thiess Contractors Indonesia
- Sindya Power Generating Company Private Ltd
- London Commodity Brokers - England
- India Bulls Power Limited - India
- Indian Energy Exchange, India
- Malabar Cements Ltd - India
- Antam Resourcindo - Indonesia
- Kumho Petrochemical, South Korea
- Simpson Spence & Young - Indonesia
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- GAC Shipping (India) Pvt Ltd
- CNBM International Corporation - China
- Petrochimia International Co. Ltd.- Taiwan
- Chettinad Cement Corporation Ltd - India
- Maheswari Brothers Coal Limited - India
- The State Trading Corporation of India Ltd
- ICICI Bank Limited - India
- Electricity Authority, New Zealand
- Kaltim Prima Coal - Indonesia
- Chamber of Mines of South Africa
- PTC India Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Cement Manufacturers Association - India
- Meenaskhi Energy Private Limited - India
- Tamil Nadu electricity Board
- Heidelberg Cement - Germany
- Electricity Generating Authority of Thailand
- Aditya Birla Group - India
- Kalimantan Lumbung Energi - Indonesia
- Renaissance Capital - South Africa
- Romanian Commodities Exchange
- Africa Commodities Group - South Africa
- Sarangani Energy Corporation, Philippines
- Singapore Mercantile Exchange
- Sinarmas Energy and Mining - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Jaiprakash Power Ventures ltd
- Wilmar Investment Holdings
- Price Waterhouse Coopers - Russia
- Essar Steel Hazira Ltd - India
- Mercuria Energy - Indonesia
- Marubeni Corporation - India
- Vizag Seaport Private Limited - India
- Bukit Makmur.PT - Indonesia
- Asmin Koalindo Tuhup - Indonesia
- Therma Luzon, Inc, Philippines
- San Jose City I Power Corp, Philippines
- MS Steel International - UAE
- Minerals Council of Australia
- Salva Resources Pvt Ltd - India
- Indo Tambangraya Megah - Indonesia
- Coastal Gujarat Power Limited - India
- Ministry of Finance - Indonesia
- Global Green Power PLC Corporation, Philippines
- White Energy Company Limited
- Mjunction Services Limited - India
- Oldendorff Carriers - Singapore
- Metalloyd Limited - United Kingdom
- Australian Coal Association
- Indika Energy - Indonesia
- Latin American Coal - Colombia
- LBH Netherlands Bv - Netherlands
- Karaikal Port Pvt Ltd - India
- Eastern Coal Council - USA
- Ambuja Cements Ltd - India
- Orica Australia Pty. Ltd.
- South Luzon Thermal Energy Corporation
- Alfred C Toepfer International GmbH - Germany
- Bukit Baiduri Energy - Indonesia
- OPG Power Generation Pvt Ltd - India
- Ministry of Transport, Egypt
- Mercator Lines Limited - India
- The Treasury - Australian Government
- Edison Trading Spa - Italy
- Star Paper Mills Limited - India
- Samtan Co., Ltd - South Korea
- Ind-Barath Power Infra Limited - India
- TeaM Sual Corporation - Philippines
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Gujarat Electricity Regulatory Commission - India
- Trasteel International SA, Italy
- Timah Investasi Mineral - Indoneisa
- Semirara Mining and Power Corporation, Philippines
- GN Power Mariveles Coal Plant, Philippines
- ASAPP Information Group - India
- Banpu Public Company Limited - Thailand
- Semirara Mining Corp, Philippines
- International Coal Ventures Pvt Ltd - India
- CIMB Investment Bank - Malaysia
- Sical Logistics Limited - India
- Energy Link Ltd, New Zealand
- Attock Cement Pakistan Limited
- Parliament of New Zealand
- Dalmia Cement Bharat India
- Rio Tinto Coal - Australia
- Port Waratah Coal Services - Australia
- Bharathi Cement Corporation - India
- European Bulk Services B.V. - Netherlands
- Interocean Group of Companies - India
- Miang Besar Coal Terminal - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Krishnapatnam Port Company Ltd. - India
- GVK Power & Infra Limited - India
- Economic Council, Georgia
- Altura Mining Limited, Indonesia
- Posco Energy - South Korea
- Ministry of Mines - Canada
- Indonesian Coal Mining Association
- Standard Chartered Bank - UAE
- Kideco Jaya Agung - Indonesia
- Siam City Cement - Thailand
- Riau Bara Harum - Indonesia
- Coalindo Energy - Indonesia
- Global Business Power Corporation, Philippines
- Thai Mozambique Logistica
- Coal and Oil Company - UAE
- Goldman Sachs - Singapore
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