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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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- Globalindo Alam Lestari - Indonesia
- Timah Investasi Mineral - Indoneisa
- Orica Mining Services - Indonesia
- Kartika Selabumi Mining - Indonesia
- Essar Steel Hazira Ltd - India
- TeaM Sual Corporation - Philippines
- Cigading International Bulk Terminal - Indonesia
- Attock Cement Pakistan Limited
- Indo Tambangraya Megah - Indonesia
- Banpu Public Company Limited - Thailand
- Edison Trading Spa - Italy
- Mjunction Services Limited - India
- The University of Queensland
- Renaissance Capital - South Africa
- Miang Besar Coal Terminal - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- PNOC Exploration Corporation - Philippines
- Marubeni Corporation - India
- Sical Logistics Limited - India
- Savvy Resources Ltd - HongKong
- Straits Asia Resources Limited - Singapore
- IHS Mccloskey Coal Group - USA
- Tata Chemicals Ltd - India
- Xindia Steels Limited - India
- Leighton Contractors Pty Ltd - Australia
- Siam City Cement PLC, Thailand
- Makarim & Taira - Indonesia
- Ministry of Mines - Canada
- Trasteel International SA, Italy
- Karaikal Port Pvt Ltd - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Tamil Nadu electricity Board
- Standard Chartered Bank - UAE
- Indogreen Group - Indonesia
- GMR Energy Limited - India
- San Jose City I Power Corp, Philippines
- McConnell Dowell - Australia
- Maheswari Brothers Coal Limited - India
- Indika Energy - Indonesia
- Ministry of Transport, Egypt
- SMG Consultants - Indonesia
- Semirara Mining Corp, Philippines
- The Treasury - Australian Government
- Therma Luzon, Inc, Philippines
- Coastal Gujarat Power Limited - India
- Sinarmas Energy and Mining - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Kohat Cement Company Ltd. - Pakistan
- London Commodity Brokers - England
- Parliament of New Zealand
- Africa Commodities Group - South Africa
- Malabar Cements Ltd - India
- Baramulti Group, Indonesia
- GAC Shipping (India) Pvt Ltd
- Ceylon Electricity Board - Sri Lanka
- Uttam Galva Steels Limited - India
- Bayan Resources Tbk. - Indonesia
- Global Business Power Corporation, Philippines
- Agrawal Coal Company - India
- Australian Coal Association
- Energy Development Corp, Philippines
- Vizag Seaport Private Limited - India
- Electricity Authority, New Zealand
- Directorate Of Revenue Intelligence - India
- Bangladesh Power Developement Board
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Parry Sugars Refinery, India
- Economic Council, Georgia
- Simpson Spence & Young - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- SMC Global Power, Philippines
- VISA Power Limited - India
- Manunggal Multi Energi - Indonesia
- Central Electricity Authority - India
- Kalimantan Lumbung Energi - Indonesia
- India Bulls Power Limited - India
- Bulk Trading Sa - Switzerland
- Posco Energy - South Korea
- Chamber of Mines of South Africa
- Meenaskhi Energy Private Limited - India
- Binh Thuan Hamico - Vietnam
- GVK Power & Infra Limited - India
- CNBM International Corporation - China
- Bukit Makmur.PT - Indonesia
- The State Trading Corporation of India Ltd
- Australian Commodity Traders Exchange
- IEA Clean Coal Centre - UK
- Thai Mozambique Logistica
- Altura Mining Limited, Indonesia
- Mercuria Energy - Indonesia
- Larsen & Toubro Limited - India
- Kepco SPC Power Corporation, Philippines
- Coal and Oil Company - UAE
- Videocon Industries ltd - India
- CIMB Investment Bank - Malaysia
- Merrill Lynch Commodities Europe
- Dalmia Cement Bharat India
- LBH Netherlands Bv - Netherlands
- Central Java Power - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Deloitte Consulting - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Kumho Petrochemical, South Korea
- Heidelberg Cement - Germany
- Ministry of Finance - Indonesia
- Kaltim Prima Coal - Indonesia
- Formosa Plastics Group - Taiwan
- Ambuja Cements Ltd - India
- SN Aboitiz Power Inc, Philippines
- Kapuas Tunggal Persada - Indonesia
- Ind-Barath Power Infra Limited - India
- Indian Oil Corporation Limited
- Antam Resourcindo - Indonesia
- Sakthi Sugars Limited - India
- Chettinad Cement Corporation Ltd - India
- Georgia Ports Authority, United States
- Aditya Birla Group - India
- TNB Fuel Sdn Bhd - Malaysia
- Jorong Barutama Greston.PT - Indonesia
- Jaiprakash Power Ventures ltd
- Pipit Mutiara Jaya. PT, Indonesia
- Commonwealth Bank - Australia
- Asmin Koalindo Tuhup - Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- MS Steel International - UAE
- Riau Bara Harum - Indonesia
- Singapore Mercantile Exchange
- Toyota Tsusho Corporation, Japan
- Port Waratah Coal Services - Australia
- Krishnapatnam Port Company Ltd. - India
- Alfred C Toepfer International GmbH - Germany
- Global Coal Blending Company Limited - Australia
- Vedanta Resources Plc - India
- Electricity Generating Authority of Thailand
- Iligan Light & Power Inc, Philippines
- Bukit Baiduri Energy - Indonesia
- Petron Corporation, Philippines
- Bharathi Cement Corporation - India
- Power Finance Corporation Ltd., India
- Directorate General of MIneral and Coal - Indonesia
- Oldendorff Carriers - Singapore
- Wood Mackenzie - Singapore
- Barasentosa Lestari - Indonesia
- Madhucon Powers Ltd - India
- Interocean Group of Companies - India
- Anglo American - United Kingdom
- Samtan Co., Ltd - South Korea
- Jindal Steel & Power Ltd - India
- International Coal Ventures Pvt Ltd - India
- Sree Jayajothi Cements Limited - India
- Cement Manufacturers Association - India
- Independent Power Producers Association of India
- PetroVietnam Power Coal Import and Supply Company
- Price Waterhouse Coopers - Russia
- Siam City Cement - Thailand
- Coalindo Energy - Indonesia
- Grasim Industreis Ltd - India
- Minerals Council of Australia
- White Energy Company Limited
- Gujarat Electricity Regulatory Commission - India
- Billiton Holdings Pty Ltd - Australia
- Rio Tinto Coal - Australia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Mintek Dendrill Indonesia
- Meralco Power Generation, Philippines
- PowerSource Philippines DevCo
- Carbofer General Trading SA - India
- New Zealand Coal & Carbon
- Holcim Trading Pte Ltd - Singapore
- European Bulk Services B.V. - Netherlands
- Pendopo Energi Batubara - Indonesia
- PTC India Limited - India
- Gujarat Mineral Development Corp Ltd - India
- South Luzon Thermal Energy Corporation
- Thiess Contractors Indonesia
- Lanco Infratech Ltd - India
- Bahari Cakrawala Sebuku - Indonesia
- Mercator Lines Limited - India
- Kobexindo Tractors - Indoneisa
- ICICI Bank Limited - India
- ASAPP Information Group - India
- Neyveli Lignite Corporation Ltd, - India
- Eastern Coal Council - USA
- Energy Link Ltd, New Zealand
- Vijayanagar Sugar Pvt Ltd - India
- Indian Energy Exchange, India
- Latin American Coal - Colombia
- Sarangani Energy Corporation, Philippines
- Aboitiz Power Corporation - Philippines
- Kideco Jaya Agung - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Gujarat Sidhee Cement - India
- Indonesian Coal Mining Association
- Star Paper Mills Limited - India
- Planning Commission, India
- Orica Australia Pty. Ltd.
- Borneo Indobara - Indonesia
- Sindya Power Generating Company Private Ltd
- Bank of Tokyo Mitsubishi UFJ Ltd
- Bukit Asam (Persero) Tbk - Indonesia
- Sojitz Corporation - Japan
- Eastern Energy - Thailand
- Bhushan Steel Limited - India
- Medco Energi Mining Internasional
- Rashtriya Ispat Nigam Limited - India
- Salva Resources Pvt Ltd - India
- Metalloyd Limited - United Kingdom
- Goldman Sachs - Singapore
- Global Green Power PLC Corporation, Philippines
- AsiaOL BioFuels Corp., Philippines
- Bhoruka Overseas - Indonesia
- Bhatia International Limited - India
- OPG Power Generation Pvt Ltd - India
- Wilmar Investment Holdings
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Intertek Mineral Services - Indonesia
- Romanian Commodities Exchange
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