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Tuesday, 25 November 14
UK: TRIBUNAL RULES ON SPEED AND PERFORMANCE CLAIMS UNDER TWO CONSECUTIVE TIME CHARTERPARTIES - REED SMITH
 KNOWLEDGE TO ELEVATE
“Owners not to be responsible if the vessel under the currency of this charter party stays at port or anchorage or any other place for more than 28 days and therefore vessel’s speed, due to bottom fouling which may have formed to the ship’s hull as a direct result of such prolonged stay, is reduced and/or consumption increased. In case of need for underwater cleaning same to be for Charterer’s account in terms of time and expenses.”
Under the first charter, Owners contended that as a result of the high temperature of the sea water at the loadport, where the vessel had stayed for 48 days, the hull, propeller and rudder were fouled. An underwater inspection at the discharge port confirmed this. Owners informed Charterers that the fouling was due to the vessel’s prolonged stay at the loadport, for which Charterers should be held responsible.
Subsequently, the second charter was concluded in substantially the same terms as the first. No underwater cleaning was carried out between redelivery under the first charter and simultaneous redelivery into the second charter.
Owners claimed a balance of hire under both charters, plus sums in lieu of hold cleaning on redelivery under each charter and stevedore damage incurred during discharge under the second charter. Charterers argued that they were entitled to make deductions under both charters for under-performance and overconsumption.
The Tribunal found that bottom fouling did occur during the prolonged stay at the loadport under the first charter, and that this affected the vessel’s speed and consumption. This was supported by the fact that the vessel performed in accordance with the charter warranties on her voyage to that loadport. Under clause 128(1), Owners had no responsibility for the vessel’s failure to make her speed and consumption warranties, and so Charterers’ underperformance claim in respect of the first voyage failed.
As regards the second charter, Owners argued that Charterers had taken the vessel in direct continuation of the first charter, and thereby did not allow the hull to be cleaned after the vessel’s prolonged stay at the first loadport. Owners submitted that Charterers were estopped by their actions from claiming under-performance in respect of the second voyage.
The Tribunal rejected this argument. Owners were aware of the likelihood of hull fouling when the second charter was concluded, and had already written to Charterers in protest. Despite this, they fixed the vessel on identical terms. Owners therefore took the risk that the vessel may not be able to make her speed and performance warranties due to the hull fouling which occurred under the first charter. There was nothing in Charterers’ conduct to found an estoppel. They agreed the fixture on terms acceptable to Owners and took delivery of the vessel. Owners had to stand by the warranties they had given, and pay damages for any proven breach.
Charterers’ claim for under-performance under the second charter therefore succeeded, although the Tribunal reduced the amount to be deducted to take into account commission. Only part of the deduction for overconsumption was allowed, as some of the deductions made by Charterers in respect of the second voyage in fact related to underperformance and overconsumption the first voyage. Those claims failed for the same reason as the claims under the first charter.
Source: Reed Smith
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Tuesday, 16 September 14
INDONESIAN GOVERNMENT DECLARED HBA SUFFERED ANOTHER SETBACK IN SEPTEMBER
COALspot.com - The Ministry of Energy & Mineral Resources of Indonesia revised down the coal bench mark price once again in September. HBA for ...
Tuesday, 16 September 14
INDONESIAN COAL OUTPUT WON'T EXCEED 421M TONS: GOVT - JP
The government is optimistic that it will meet its coal production target for this year, which caps nationwide production at a flat number compared ...
Monday, 15 September 14
CHINA'S COAL PROPOSALS LEAVE SOME HOPE FOR EXPORTERS - DAILY NEWS
When the best thing you can say about new policies is that they aren’t as bad as they could have been, then you know your industry is in deep ...
Monday, 15 September 14
SUB-BIT FOB INDONESIA COAL SWAP, JANUARY 2015 DELIVERY GAINED DAY ON DAY AND WEEK ON WEEK
COALspot.com: Indonesian coal swaps for average October 2014 increased US$ 0.40 (+0.78%) day on day and US$ 0.55 (+1.08%) per mt week on week. The ...
Monday, 15 September 14
CFR SOUTH CHINA COAL SWAP GAINED DAY ON DAY AND WEEK ON WEEK
COALspot.com: API 8 CFR South China Coal swap for delivery in October 2014 decreased US$ 2.30 (-3.36%) month over month, but increased day on day a ...
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- Merrill Lynch Commodities Europe
- Uttam Galva Steels Limited - India
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- London Commodity Brokers - England
- Mercuria Energy - Indonesia
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- Therma Luzon, Inc, Philippines
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- Globalindo Alam Lestari - Indonesia
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- New Zealand Coal & Carbon
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- Formosa Plastics Group - Taiwan
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- Interocean Group of Companies - India
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- Meralco Power Generation, Philippines
- Bahari Cakrawala Sebuku - Indonesia
- Billiton Holdings Pty Ltd - Australia
- Siam City Cement PLC, Thailand
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- Indo Tambangraya Megah - Indonesia
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- Attock Cement Pakistan Limited
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- Savvy Resources Ltd - HongKong
- The University of Queensland
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- CNBM International Corporation - China
- Agrawal Coal Company - India
- Petrochimia International Co. Ltd.- Taiwan
- Semirara Mining and Power Corporation, Philippines
- Goldman Sachs - Singapore
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- Xindia Steels Limited - India
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- Gujarat Electricity Regulatory Commission - India
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- Australian Coal Association
- Pipit Mutiara Jaya. PT, Indonesia
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- MS Steel International - UAE
- Australian Commodity Traders Exchange
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- Romanian Commodities Exchange
- Posco Energy - South Korea
- Vizag Seaport Private Limited - India
- Mintek Dendrill Indonesia
- Salva Resources Pvt Ltd - India
- Barasentosa Lestari - Indonesia
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- Electricity Authority, New Zealand
- Global Business Power Corporation, Philippines
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- Orica Australia Pty. Ltd.
- CIMB Investment Bank - Malaysia
- Aditya Birla Group - India
- Deloitte Consulting - India
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- Electricity Generating Authority of Thailand
- Bharathi Cement Corporation - India
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- Heidelberg Cement - Germany
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- Central Electricity Authority - India
- Ceylon Electricity Board - Sri Lanka
- Kohat Cement Company Ltd. - Pakistan
- European Bulk Services B.V. - Netherlands
- Indogreen Group - Indonesia
- Kapuas Tunggal Persada - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Thai Mozambique Logistica
- Gujarat Mineral Development Corp Ltd - India
- Ambuja Cements Ltd - India
- Bukit Makmur.PT - Indonesia
- Anglo American - United Kingdom
- Dalmia Cement Bharat India
- SMC Global Power, Philippines
- Miang Besar Coal Terminal - Indonesia
- Bayan Resources Tbk. - Indonesia
- The State Trading Corporation of India Ltd
- Kalimantan Lumbung Energi - Indonesia
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- Mjunction Services Limited - India
- Intertek Mineral Services - Indonesia
- Power Finance Corporation Ltd., India
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- Videocon Industries ltd - India
- Eastern Coal Council - USA
- Sakthi Sugars Limited - India
- Offshore Bulk Terminal Pte Ltd, Singapore
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- ICICI Bank Limited - India
- Grasim Industreis Ltd - India
- Orica Mining Services - Indonesia
- Alfred C Toepfer International GmbH - Germany
- India Bulls Power Limited - India
- Coal and Oil Company - UAE
- Africa Commodities Group - South Africa
- Toyota Tsusho Corporation, Japan
- Price Waterhouse Coopers - Russia
- Malabar Cements Ltd - India
- Indonesian Coal Mining Association
- Renaissance Capital - South Africa
- Coalindo Energy - Indonesia
- Timah Investasi Mineral - Indoneisa
- White Energy Company Limited
- Larsen & Toubro Limited - India
- Pendopo Energi Batubara - Indonesia
- IEA Clean Coal Centre - UK
- Chamber of Mines of South Africa
- Energy Link Ltd, New Zealand
- Bhoruka Overseas - Indonesia
- Directorate Of Revenue Intelligence - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Economic Council, Georgia
- Coastal Gujarat Power Limited - India
- Samtan Co., Ltd - South Korea
- McConnell Dowell - Australia
- Antam Resourcindo - Indonesia
- Medco Energi Mining Internasional
- Gujarat Sidhee Cement - India
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- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Ministry of Finance - Indonesia
- The Treasury - Australian Government
- Karbindo Abesyapradhi - Indoneisa
- Port Waratah Coal Services - Australia
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