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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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Wednesday, 15 October 14
NEWCASTLE SHIPPED 13.96 MILLION TONS OF COAL IN SEPTEMBER; UP 5.72%
COALspot.com: The Port of Newcastle, Australia’s major trading ports and the world’s largest coal export port, has shipped $1,227.7 wor ...
Tuesday, 14 October 14
KING COAL UNDER ATTACK? - EVA TZIMA
With the last quarter of the year being well underway and with no strong signs that the Dry Bulk market could be ready for a big positive reversal, ...
Tuesday, 14 October 14
THE NEW CHINESE TRANSPORTATION TAX LAW: WHAT DOES IT MEAN FOR GREEK SHIPPING? - DELOITTE
China has recently promulgated a new law which imposes tax on profits from freights of inbound routes. The objective of the new tax law titled &ldq ...
Monday, 13 October 14
CHINESE COAL IMPORT TARIFFS YET ANOTHER BLOW TO AUSTRALIAN COAL EXPORTS - TIM BUCKLEY
COALspot.com: China’s unexpected move to reintroduce thermal coal import tariffs of 6% will have a materially negative impact on the viabilit ...
Monday, 13 October 14
NEWCASTLE COAL SWAP FOR Q1' 2015 DELIVERY CLOSED AT US$ 54.92, SGX DATA SHOWS
COALspot.com: API 5 FOB Newcastle Coal swap for delivery Q4' 2014 decreased US$ 0.80 (-1.46%) month over month and US$ 0.52 (-0.95%) week over ...
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- Banpu Public Company Limited - Thailand
- New Zealand Coal & Carbon
- Chettinad Cement Corporation Ltd - India
- Central Java Power - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Singapore Mercantile Exchange
- TeaM Sual Corporation - Philippines
- Ambuja Cements Ltd - India
- ICICI Bank Limited - India
- Coalindo Energy - Indonesia
- Videocon Industries ltd - India
- ASAPP Information Group - India
- Essar Steel Hazira Ltd - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Tamil Nadu electricity Board
- IEA Clean Coal Centre - UK
- Meralco Power Generation, Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Xindia Steels Limited - India
- Indonesian Coal Mining Association
- Bhoruka Overseas - Indonesia
- South Luzon Thermal Energy Corporation
- Baramulti Group, Indonesia
- Sakthi Sugars Limited - India
- Energy Link Ltd, New Zealand
- Renaissance Capital - South Africa
- VISA Power Limited - India
- Savvy Resources Ltd - HongKong
- Alfred C Toepfer International GmbH - Germany
- Coal and Oil Company - UAE
- Aboitiz Power Corporation - Philippines
- Gujarat Mineral Development Corp Ltd - India
- Holcim Trading Pte Ltd - Singapore
- Port Waratah Coal Services - Australia
- The Treasury - Australian Government
- Edison Trading Spa - Italy
- Energy Development Corp, Philippines
- Power Finance Corporation Ltd., India
- Semirara Mining Corp, Philippines
- Kobexindo Tractors - Indoneisa
- Semirara Mining and Power Corporation, Philippines
- Price Waterhouse Coopers - Russia
- Jorong Barutama Greston.PT - Indonesia
- Africa Commodities Group - South Africa
- Indika Energy - Indonesia
- Thiess Contractors Indonesia
- Meenaskhi Energy Private Limited - India
- SN Aboitiz Power Inc, Philippines
- Madhucon Powers Ltd - India
- Jindal Steel & Power Ltd - India
- Gujarat Electricity Regulatory Commission - India
- AsiaOL BioFuels Corp., Philippines
- International Coal Ventures Pvt Ltd - India
- The State Trading Corporation of India Ltd
- Bulk Trading Sa - Switzerland
- Kideco Jaya Agung - Indonesia
- The University of Queensland
- GAC Shipping (India) Pvt Ltd
- London Commodity Brokers - England
- Krishnapatnam Port Company Ltd. - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Vijayanagar Sugar Pvt Ltd - India
- Indian Energy Exchange, India
- Timah Investasi Mineral - Indoneisa
- Iligan Light & Power Inc, Philippines
- Uttam Galva Steels Limited - India
- Grasim Industreis Ltd - India
- Electricity Authority, New Zealand
- Georgia Ports Authority, United States
- Siam City Cement PLC, Thailand
- Chamber of Mines of South Africa
- Maheswari Brothers Coal Limited - India
- Deloitte Consulting - India
- Miang Besar Coal Terminal - Indonesia
- OPG Power Generation Pvt Ltd - India
- Global Coal Blending Company Limited - Australia
- Siam City Cement - Thailand
- Independent Power Producers Association of India
- Agrawal Coal Company - India
- Sarangani Energy Corporation, Philippines
- Kaltim Prima Coal - Indonesia
- Malabar Cements Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- Mercuria Energy - Indonesia
- Interocean Group of Companies - India
- White Energy Company Limited
- Salva Resources Pvt Ltd - India
- Vedanta Resources Plc - India
- Mercator Lines Limited - India
- Australian Coal Association
- Economic Council, Georgia
- Barasentosa Lestari - Indonesia
- Samtan Co., Ltd - South Korea
- Kalimantan Lumbung Energi - Indonesia
- Bukit Makmur.PT - Indonesia
- Kumho Petrochemical, South Korea
- Cement Manufacturers Association - India
- Pipit Mutiara Jaya. PT, Indonesia
- Eastern Energy - Thailand
- GVK Power & Infra Limited - India
- Sojitz Corporation - Japan
- Australian Commodity Traders Exchange
- Attock Cement Pakistan Limited
- Karaikal Port Pvt Ltd - India
- Metalloyd Limited - United Kingdom
- Vizag Seaport Private Limited - India
- Sindya Power Generating Company Private Ltd
- Binh Thuan Hamico - Vietnam
- Central Electricity Authority - India
- PTC India Limited - India
- Kapuas Tunggal Persada - Indonesia
- Medco Energi Mining Internasional
- LBH Netherlands Bv - Netherlands
- Romanian Commodities Exchange
- Directorate Of Revenue Intelligence - India
- IHS Mccloskey Coal Group - USA
- SMG Consultants - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Carbofer General Trading SA - India
- Sree Jayajothi Cements Limited - India
- Leighton Contractors Pty Ltd - Australia
- GN Power Mariveles Coal Plant, Philippines
- San Jose City I Power Corp, Philippines
- Anglo American - United Kingdom
- Thai Mozambique Logistica
- Mjunction Services Limited - India
- Bhatia International Limited - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Cigading International Bulk Terminal - Indonesia
- Bharathi Cement Corporation - India
- Wood Mackenzie - Singapore
- Ministry of Finance - Indonesia
- Antam Resourcindo - Indonesia
- Standard Chartered Bank - UAE
- Asmin Koalindo Tuhup - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Makarim & Taira - Indonesia
- Mintek Dendrill Indonesia
- Planning Commission, India
- Larsen & Toubro Limited - India
- Eastern Coal Council - USA
- Merrill Lynch Commodities Europe
- Ministry of Mines - Canada
- Pendopo Energi Batubara - Indonesia
- Coastal Gujarat Power Limited - India
- SMC Global Power, Philippines
- India Bulls Power Limited - India
- Tata Chemicals Ltd - India
- Globalindo Alam Lestari - Indonesia
- Commonwealth Bank - Australia
- Formosa Plastics Group - Taiwan
- MS Steel International - UAE
- Sical Logistics Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Orica Australia Pty. Ltd.
- Rio Tinto Coal - Australia
- Star Paper Mills Limited - India
- European Bulk Services B.V. - Netherlands
- Goldman Sachs - Singapore
- Simpson Spence & Young - Indonesia
- Jaiprakash Power Ventures ltd
- TNB Fuel Sdn Bhd - Malaysia
- Minerals Council of Australia
- Intertek Mineral Services - Indonesia
- PowerSource Philippines DevCo
- Dalmia Cement Bharat India
- GMR Energy Limited - India
- Bhushan Steel Limited - India
- Posco Energy - South Korea
- Petron Corporation, Philippines
- McConnell Dowell - Australia
- Riau Bara Harum - Indonesia
- Trasteel International SA, Italy
- Petrochimia International Co. Ltd.- Taiwan
- Indo Tambangraya Megah - Indonesia
- Therma Luzon, Inc, Philippines
- Indogreen Group - Indonesia
- Orica Mining Services - Indonesia
- Billiton Holdings Pty Ltd - Australia
- PNOC Exploration Corporation - Philippines
- Parry Sugars Refinery, India
- Toyota Tsusho Corporation, Japan
- Ind-Barath Power Infra Limited - India
- Parliament of New Zealand
- Bahari Cakrawala Sebuku - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- Kepco SPC Power Corporation, Philippines
- Ministry of Transport, Egypt
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Aditya Birla Group - India
- Rashtriya Ispat Nigam Limited - India
- Gujarat Sidhee Cement - India
- Bukit Baiduri Energy - Indonesia
- Electricity Generating Authority of Thailand
- Straits Asia Resources Limited - Singapore
- Bangladesh Power Developement Board
- Global Business Power Corporation, Philippines
- Bayan Resources Tbk. - Indonesia
- Oldendorff Carriers - Singapore
- Lanco Infratech Ltd - India
- CNBM International Corporation - China
- Sinarmas Energy and Mining - Indonesia
- Altura Mining Limited, Indonesia
- Latin American Coal - Colombia
- Indian Oil Corporation Limited
- Kartika Selabumi Mining - Indonesia
- Heidelberg Cement - Germany
- Neyveli Lignite Corporation Ltd, - India
- Global Green Power PLC Corporation, Philippines
- Marubeni Corporation - India
- Wilmar Investment Holdings
- Kohat Cement Company Ltd. - Pakistan
- CIMB Investment Bank - Malaysia
- Borneo Indobara - Indonesia
- Manunggal Multi Energi - Indonesia
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