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Wednesday, 15 October 14
SHIPOWNER NOT LIABLE FOR CARGO DAMAGE RESULTING FROM POOR STOWAGE - CLYDE & CO
 KNOWLEDGE TO ELEVATE
Russian metal trading company Yuzhny Zavod Metall Profil (YZMP), the holder of a CONGEN 1994 bill of lading, took delivery of 411 coils of steel sheets at Novorossiysk, Russia, all with varying degrees of damage. YZMP decided to claim under the bill of lading against the owner, Eems Beheerder B.V., as carrier under the bill of lading. YZMP maintained that the owner was in breach of Article III Rule 2 of the Hague Rules 1924 (incorporated into the bill of lading) whereby the owner is required to “properly and carefully load, carry and discharge the goods”.
It was the owner’s defence that the Gencon 1994 charterparty was incorporated into the bill of lading. Crucially, the charterparty contained an Owners’ Responsibility clause and a Loading and Discharging clause which stated that the cargo was to be loaded “by the Charterers, free of any risk, liability or expense whatsoever” and owners were only to be liable for “want of due diligence.”
Facts
Charterers appointed stevedores at load port to load the cargo but their failure to use locking coils meant the stow was not appropriate. The Master was not satisfied with stowage but decided to sail regardless
During the voyage, the vessel experienced heavy weather which led to a strap breaking and a shift in the cargo; the crew were unable to secure the shifted cargo for lack of additional lashing straps, resulting in damage to a number of coils.
The key question was who was responsible for the shifting:
Stevedores: in failing to load and stow the cargo safely and correctly; or
Owners: in failing to provide the necessary lashings, equipment and/or crew
Decision
The judge concluded that the sole effective cause of damage to the cargo was the vessel not being properly loaded and stowed when she left the port. Locking coils were not used appropriately, and the lashing was not systematic. On a true construction of the bill of lading, owners were not responsible for stowage because the charterparty was incorporated into the bill of lading, and the terms of the charterparty made it clear that owners were not responsible for improper stowage. The Judge noted:
“Where the responsibility for the stowage has been contractually passed from the shipowner to the charterer (or the cargo owner) the shipowner will not be liable for damage arising from improper stowage even if it renders the vessel unseaworthy unless it is established that the bad stowage leading to the damage arose from a significant intervention by the shipowners or their master”.
The Judge also found that there was no basis for the contention that the ship should have carried additional lashings on board, and the failure to do so did not render the vessel unseaworthy or uncargoworthy.
Comment
This case illustrates the protection afforded to owners by the incorporation of charterparty clauses into the bill of lading. The “EEMS SOLAR” goes beyond the “JORDAN II” by protecting owners even where the incorporated charterparty does not refer to the “Shipper”, “Receiver” or “Consignee.”
The decision also raises a number of questions that may cause difficulties in future cases. For example, where the bill of lading is in the hands of a third party receiver, it raises the possibility of indemnity proceedings against charterers (as being the party responsible for the stowage). Such claims could be very significant where, for example, stowage issues resulted in the loss of vessel and cargo. In all cases of this type the evidence and contractual provisions relating to the appointment of stevedores will remain a key issue and, very likely, a significant area of dispute.
Source: Clyde & Co. / Hellenic Shipping
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Thursday, 16 October 14
PANAMAX OWNERS RECEIVE A PREMIUM FOR GOING TO INDIA VIA INDONESIA - FEARNLEYS AS
Handy
The Handy/Supra market continues to slide in both hemispheres, said Fearnleys AS in its latest week report. In the Atlantic we see rates co ...
Thursday, 16 October 14
ARE WE GOING TO SHOOT OURSELVES IN THE FOOT ONCE AGAIN? - PANOS MAKRINOS
As the East part of our globe was coming back from its October holidays last week, everyone expected that the Dry Bulk market would follow suit and ...
Wednesday, 15 October 14
PANAMAX: ACTIVITY IN THE PACIFIC WAS UNIMPRESSIVE
The Dry Bulk market noted another weekly decline last week, while the BDI moved below 1,000 points taking down with it expectations that a post hol ...
Wednesday, 15 October 14
INDONESIAN COAL PRICE REFERENCE FELL TO FRESH MULTI-YEAR LOWS IN OCTOBER
COALspot.com - The Ministry of Energy & Mineral Resources of Indonesia revised down the coal bench mark price once again in October 2014.
...
Wednesday, 15 October 14
DRY BULK SHIPPING: RATE IMPROVEMENTS ARRIVED AS FORECAST, BUT UNCERTAINTY MOUNTS FOR 2015 DEMAND - BIMCO
BIMCO released its latest short term assessment of the dry bulk market, estimating that over the October-November period, the level of Capesize TC ...
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Showing 3426 to 3430 news of total 6871 |
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- SMG Consultants - Indonesia
- MS Steel International - UAE
- Marubeni Corporation - India
- India Bulls Power Limited - India
- Coalindo Energy - Indonesia
- Semirara Mining Corp, Philippines
- Commonwealth Bank - Australia
- Essar Steel Hazira Ltd - India
- Neyveli Lignite Corporation Ltd, - India
- PetroVietnam Power Coal Import and Supply Company
- New Zealand Coal & Carbon
- Mercuria Energy - Indonesia
- South Luzon Thermal Energy Corporation
- Iligan Light & Power Inc, Philippines
- Edison Trading Spa - Italy
- ICICI Bank Limited - India
- Petrochimia International Co. Ltd.- Taiwan
- IEA Clean Coal Centre - UK
- Sojitz Corporation - Japan
- Heidelberg Cement - Germany
- Medco Energi Mining Internasional
- Electricity Generating Authority of Thailand
- Maharashtra Electricity Regulatory Commission - India
- Thiess Contractors Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Meenaskhi Energy Private Limited - India
- Bayan Resources Tbk. - Indonesia
- Deloitte Consulting - India
- Thai Mozambique Logistica
- Kepco SPC Power Corporation, Philippines
- Samtan Co., Ltd - South Korea
- Tata Chemicals Ltd - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Globalindo Alam Lestari - Indonesia
- Grasim Industreis Ltd - India
- Cement Manufacturers Association - India
- Orica Australia Pty. Ltd.
- Leighton Contractors Pty Ltd - Australia
- Ministry of Mines - Canada
- Holcim Trading Pte Ltd - Singapore
- Jaiprakash Power Ventures ltd
- Alfred C Toepfer International GmbH - Germany
- White Energy Company Limited
- Dalmia Cement Bharat India
- Therma Luzon, Inc, Philippines
- Krishnapatnam Port Company Ltd. - India
- Port Waratah Coal Services - Australia
- Latin American Coal - Colombia
- Larsen & Toubro Limited - India
- Straits Asia Resources Limited - Singapore
- AsiaOL BioFuels Corp., Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- CNBM International Corporation - China
- Bahari Cakrawala Sebuku - Indonesia
- Timah Investasi Mineral - Indoneisa
- Eastern Energy - Thailand
- Kartika Selabumi Mining - Indonesia
- Simpson Spence & Young - Indonesia
- Electricity Authority, New Zealand
- Miang Besar Coal Terminal - Indonesia
- Mjunction Services Limited - India
- Planning Commission, India
- Rio Tinto Coal - Australia
- TeaM Sual Corporation - Philippines
- Ministry of Transport, Egypt
- Intertek Mineral Services - Indonesia
- Economic Council, Georgia
- Chettinad Cement Corporation Ltd - India
- LBH Netherlands Bv - Netherlands
- Indogreen Group - Indonesia
- Indonesian Coal Mining Association
- Wood Mackenzie - Singapore
- McConnell Dowell - Australia
- Formosa Plastics Group - Taiwan
- Indo Tambangraya Megah - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- Borneo Indobara - Indonesia
- Standard Chartered Bank - UAE
- The State Trading Corporation of India Ltd
- Savvy Resources Ltd - HongKong
- Ceylon Electricity Board - Sri Lanka
- Global Coal Blending Company Limited - Australia
- Indian Energy Exchange, India
- PNOC Exploration Corporation - Philippines
- Kideco Jaya Agung - Indonesia
- Ministry of Finance - Indonesia
- Metalloyd Limited - United Kingdom
- Gujarat Mineral Development Corp Ltd - India
- Rashtriya Ispat Nigam Limited - India
- Riau Bara Harum - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Kalimantan Lumbung Energi - Indonesia
- Australian Coal Association
- Agrawal Coal Company - India
- Billiton Holdings Pty Ltd - Australia
- PTC India Limited - India
- Petron Corporation, Philippines
- Romanian Commodities Exchange
- Jorong Barutama Greston.PT - Indonesia
- Sarangani Energy Corporation, Philippines
- Bhatia International Limited - India
- Malabar Cements Ltd - India
- GMR Energy Limited - India
- Orica Mining Services - Indonesia
- Australian Commodity Traders Exchange
- Makarim & Taira - Indonesia
- PowerSource Philippines DevCo
- Jindal Steel & Power Ltd - India
- SN Aboitiz Power Inc, Philippines
- Coastal Gujarat Power Limited - India
- Binh Thuan Hamico - Vietnam
- San Jose City I Power Corp, Philippines
- Ambuja Cements Ltd - India
- Global Business Power Corporation, Philippines
- Independent Power Producers Association of India
- Georgia Ports Authority, United States
- Trasteel International SA, Italy
- Baramulti Group, Indonesia
- Central Java Power - Indonesia
- Sinarmas Energy and Mining - Indonesia
- Parliament of New Zealand
- Coal and Oil Company - UAE
- Manunggal Multi Energi - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Uttam Galva Steels Limited - India
- Ind-Barath Power Infra Limited - India
- SMC Global Power, Philippines
- Mintek Dendrill Indonesia
- Merrill Lynch Commodities Europe
- Bank of Tokyo Mitsubishi UFJ Ltd
- Power Finance Corporation Ltd., India
- Carbofer General Trading SA - India
- Minerals Council of Australia
- Energy Development Corp, Philippines
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Central Electricity Authority - India
- Meralco Power Generation, Philippines
- VISA Power Limited - India
- Kobexindo Tractors - Indoneisa
- Energy Link Ltd, New Zealand
- Renaissance Capital - South Africa
- Indika Energy - Indonesia
- Bukit Baiduri Energy - Indonesia
- OPG Power Generation Pvt Ltd - India
- Banpu Public Company Limited - Thailand
- ASAPP Information Group - India
- Kohat Cement Company Ltd. - Pakistan
- IHS Mccloskey Coal Group - USA
- Gujarat Electricity Regulatory Commission - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Maheswari Brothers Coal Limited - India
- CIMB Investment Bank - Malaysia
- GAC Shipping (India) Pvt Ltd
- Karaikal Port Pvt Ltd - India
- Sree Jayajothi Cements Limited - India
- Toyota Tsusho Corporation, Japan
- Sakthi Sugars Limited - India
- Madhucon Powers Ltd - India
- Tamil Nadu electricity Board
- Bulk Trading Sa - Switzerland
- Sindya Power Generating Company Private Ltd
- Pendopo Energi Batubara - Indonesia
- Kumho Petrochemical, South Korea
- London Commodity Brokers - England
- Bhushan Steel Limited - India
- Eastern Coal Council - USA
- European Bulk Services B.V. - Netherlands
- Offshore Bulk Terminal Pte Ltd, Singapore
- Goldman Sachs - Singapore
- Aditya Birla Group - India
- Posco Energy - South Korea
- Directorate Of Revenue Intelligence - India
- Kaltim Prima Coal - Indonesia
- Vizag Seaport Private Limited - India
- Indian Oil Corporation Limited
- Bangladesh Power Developement Board
- Xindia Steels Limited - India
- Price Waterhouse Coopers - Russia
- Salva Resources Pvt Ltd - India
- Sical Logistics Limited - India
- The Treasury - Australian Government
- Oldendorff Carriers - Singapore
- Attock Cement Pakistan Limited
- Wilmar Investment Holdings
- Mercator Lines Limited - India
- Pipit Mutiara Jaya. PT, Indonesia
- Barasentosa Lestari - Indonesia
- Bhoruka Overseas - Indonesia
- Altura Mining Limited, Indonesia
- Singapore Mercantile Exchange
- Asmin Koalindo Tuhup - Indonesia
- Star Paper Mills Limited - India
- GN Power Mariveles Coal Plant, Philippines
- GVK Power & Infra Limited - India
- Interocean Group of Companies - India
- Gujarat Sidhee Cement - India
- Karbindo Abesyapradhi - Indoneisa
- Anglo American - United Kingdom
- Bukit Makmur.PT - Indonesia
- Videocon Industries ltd - India
- Bharathi Cement Corporation - India
- The University of Queensland
- Antam Resourcindo - Indonesia
- Siam City Cement PLC, Thailand
- Chamber of Mines of South Africa
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Global Green Power PLC Corporation, Philippines
- Lanco Infratech Ltd - India
- Bukit Asam (Persero) Tbk - Indonesia
- Parry Sugars Refinery, India
- International Coal Ventures Pvt Ltd - India
- Vedanta Resources Plc - India
- Aboitiz Power Corporation - Philippines
- Directorate General of MIneral and Coal - Indonesia
- Siam City Cement - Thailand
- Cigading International Bulk Terminal - Indonesia
- Africa Commodities Group - South Africa
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