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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, 26 November 14
OVERSUPPLY OF TONNAGE PUSHED PANAMAX SEGMENT DOWN FOR ANOTHER WEEK
COALspot.com: The Dry Bulk market managed to reverse its course from the week prior and with the sole exception of the Panamax segment, we witnesse ...
Wednesday, 26 November 14
SHIPPING MARKET INSIGHT - EVA TZIMA
The tanker market has been enjoying some good returns lately. Ok, that may be a big understatement, but with all the ups and downs of the past year ...
Tuesday, 25 November 14
FISCAL BREAKEVEN OIL PRICES SHOW SOVEREIGN VULNERABILITY - FITCH
COALspot.com: The vulnerability of the sovereign credit profiles of net oil exporters, as shown by their fiscal breakeven oil prices, suggests that ...
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 ...
Tuesday, 25 November 14
FOB RICHARDS BAY COAL SWAP FOR Q4' 15 DELIVERY CLOSED AT US$ 68.20
COALspot.com: API 4 FOB Richards Bay Coal for delivery Q1' 2015 gained month on month, week on week and day over day.
The Q1 swap has gain ...
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- Sinarmas Energy and Mining - Indonesia
- Attock Cement Pakistan Limited
- GVK Power & Infra Limited - India
- Timah Investasi Mineral - Indoneisa
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Directorate Of Revenue Intelligence - India
- Orica Australia Pty. Ltd.
- Minerals Council of Australia
- Essar Steel Hazira Ltd - India
- Sical Logistics Limited - India
- Uttam Galva Steels Limited - India
- Petron Corporation, Philippines
- Kaltim Prima Coal - Indonesia
- Tamil Nadu electricity Board
- ICICI Bank Limited - India
- Bhatia International Limited - India
- Petrochimia International Co. Ltd.- Taiwan
- South Luzon Thermal Energy Corporation
- Malabar Cements Ltd - India
- Toyota Tsusho Corporation, Japan
- Edison Trading Spa - Italy
- SN Aboitiz Power Inc, Philippines
- Siam City Cement PLC, Thailand
- Mercator Lines Limited - India
- Bahari Cakrawala Sebuku - Indonesia
- Global Business Power Corporation, Philippines
- Economic Council, Georgia
- MS Steel International - UAE
- Salva Resources Pvt Ltd - India
- PowerSource Philippines DevCo
- Africa Commodities Group - South Africa
- Australian Coal Association
- Aditya Birla Group - India
- Borneo Indobara - Indonesia
- Planning Commission, India
- Binh Thuan Hamico - Vietnam
- Posco Energy - South Korea
- Heidelberg Cement - Germany
- Ceylon Electricity Board - Sri Lanka
- Agrawal Coal Company - India
- Dalmia Cement Bharat India
- Central Java Power - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Siam City Cement - Thailand
- Thiess Contractors Indonesia
- Wilmar Investment Holdings
- Maharashtra Electricity Regulatory Commission - India
- Bulk Trading Sa - Switzerland
- Australian Commodity Traders Exchange
- Globalindo Alam Lestari - Indonesia
- Chettinad Cement Corporation Ltd - India
- Renaissance Capital - South Africa
- Sojitz Corporation - Japan
- Bukit Asam (Persero) Tbk - Indonesia
- Bhushan Steel Limited - India
- Larsen & Toubro Limited - India
- Port Waratah Coal Services - Australia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Indonesian Coal Mining Association
- The Treasury - Australian Government
- Gujarat Sidhee Cement - India
- Kideco Jaya Agung - Indonesia
- London Commodity Brokers - England
- Bayan Resources Tbk. - Indonesia
- Eastern Energy - Thailand
- Gujarat Electricity Regulatory Commission - India
- Kapuas Tunggal Persada - Indonesia
- Price Waterhouse Coopers - Russia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Krishnapatnam Port Company Ltd. - India
- Singapore Mercantile Exchange
- Goldman Sachs - Singapore
- Kalimantan Lumbung Energi - Indonesia
- Kartika Selabumi Mining - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Ministry of Mines - Canada
- Neyveli Lignite Corporation Ltd, - India
- Savvy Resources Ltd - HongKong
- Madhucon Powers Ltd - India
- Mjunction Services Limited - India
- Karaikal Port Pvt Ltd - India
- Semirara Mining and Power Corporation, Philippines
- Holcim Trading Pte Ltd - Singapore
- Cement Manufacturers Association - India
- Manunggal Multi Energi - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- SMC Global Power, Philippines
- Pendopo Energi Batubara - Indonesia
- TeaM Sual Corporation - Philippines
- Coastal Gujarat Power Limited - India
- Vedanta Resources Plc - India
- Riau Bara Harum - Indonesia
- Straits Asia Resources Limited - Singapore
- Bukit Makmur.PT - Indonesia
- Chamber of Mines of South Africa
- Rio Tinto Coal - Australia
- Rashtriya Ispat Nigam Limited - India
- Standard Chartered Bank - UAE
- TNB Fuel Sdn Bhd - Malaysia
- Parliament of New Zealand
- Energy Link Ltd, New Zealand
- VISA Power Limited - India
- Iligan Light & Power Inc, Philippines
- Eastern Coal Council - USA
- OPG Power Generation Pvt Ltd - India
- Parry Sugars Refinery, India
- Mintek Dendrill Indonesia
- San Jose City I Power Corp, Philippines
- ASAPP Information Group - India
- Vizag Seaport Private Limited - India
- Sree Jayajothi Cements Limited - India
- Semirara Mining Corp, Philippines
- New Zealand Coal & Carbon
- Ministry of Finance - Indonesia
- Tata Chemicals Ltd - India
- Bangladesh Power Developement Board
- Bank of Tokyo Mitsubishi UFJ Ltd
- CIMB Investment Bank - Malaysia
- Barasentosa Lestari - Indonesia
- Energy Development Corp, Philippines
- Baramulti Group, Indonesia
- Meralco Power Generation, Philippines
- Medco Energi Mining Internasional
- Simpson Spence & Young - Indonesia
- Bharathi Cement Corporation - India
- Vijayanagar Sugar Pvt Ltd - India
- Lanco Infratech Ltd - India
- Star Paper Mills Limited - India
- SMG Consultants - Indonesia
- McConnell Dowell - Australia
- CNBM International Corporation - China
- Aboitiz Power Corporation - Philippines
- Electricity Generating Authority of Thailand
- Power Finance Corporation Ltd., India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- LBH Netherlands Bv - Netherlands
- Jorong Barutama Greston.PT - Indonesia
- Romanian Commodities Exchange
- International Coal Ventures Pvt Ltd - India
- Central Electricity Authority - India
- Makarim & Taira - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Ambuja Cements Ltd - India
- Asmin Koalindo Tuhup - Indonesia
- Samtan Co., Ltd - South Korea
- Coalindo Energy - Indonesia
- Sindya Power Generating Company Private Ltd
- Formosa Plastics Group - Taiwan
- White Energy Company Limited
- Indian Energy Exchange, India
- Ind-Barath Power Infra Limited - India
- Global Green Power PLC Corporation, Philippines
- The State Trading Corporation of India Ltd
- Bhoruka Overseas - Indonesia
- Indian Oil Corporation Limited
- Antam Resourcindo - Indonesia
- Alfred C Toepfer International GmbH - Germany
- Indika Energy - Indonesia
- Georgia Ports Authority, United States
- Global Coal Blending Company Limited - Australia
- GMR Energy Limited - India
- Latin American Coal - Colombia
- Sakthi Sugars Limited - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Intertek Mineral Services - Indonesia
- Carbofer General Trading SA - India
- IEA Clean Coal Centre - UK
- Interocean Group of Companies - India
- Banpu Public Company Limited - Thailand
- Metalloyd Limited - United Kingdom
- Billiton Holdings Pty Ltd - Australia
- PTC India Limited - India
- Oldendorff Carriers - Singapore
- Kepco SPC Power Corporation, Philippines
- GAC Shipping (India) Pvt Ltd
- Bukit Baiduri Energy - Indonesia
- Therma Luzon, Inc, Philippines
- Directorate General of MIneral and Coal - Indonesia
- Kumho Petrochemical, South Korea
- IHS Mccloskey Coal Group - USA
- Mercuria Energy - Indonesia
- European Bulk Services B.V. - Netherlands
- Coal and Oil Company - UAE
- Miang Besar Coal Terminal - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Jindal Steel & Power Ltd - India
- Sarangani Energy Corporation, Philippines
- Deloitte Consulting - India
- Anglo American - United Kingdom
- Merrill Lynch Commodities Europe
- Altura Mining Limited, Indonesia
- Trasteel International SA, Italy
- GN Power Mariveles Coal Plant, Philippines
- Ministry of Transport, Egypt
- Karbindo Abesyapradhi - Indoneisa
- Xindia Steels Limited - India
- Thai Mozambique Logistica
- Indogreen Group - Indonesia
- India Bulls Power Limited - India
- Grasim Industreis Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- Electricity Authority, New Zealand
- Marubeni Corporation - India
- Indo Tambangraya Megah - Indonesia
- Videocon Industries ltd - India
- Independent Power Producers Association of India
- The University of Queensland
- AsiaOL BioFuels Corp., Philippines
- Kohat Cement Company Ltd. - Pakistan
- Jaiprakash Power Ventures ltd
- Wood Mackenzie - Singapore
- Maheswari Brothers Coal Limited - India
- Kobexindo Tractors - Indoneisa
- PNOC Exploration Corporation - Philippines
- Meenaskhi Energy Private Limited - India
- Commonwealth Bank - Australia
- Orica Mining Services - Indonesia
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