We welcome article submissions from experts in the areas of coal, mining,
shipping, etc.
To Submit your article please click here.
|
|
|
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
If you believe an article violates your rights or the rights of others, please contact us.
|
|
Tuesday, 04 November 14
INDONESIAN COAL SWAPS FOR 2015 DELIVERIES SHOW A WEAK TREND
COALspot.com: Indonesian coal swaps for delivery Q4' 2014 lost month on month and gained day on day and week on week, the trend was same as las ...
Tuesday, 04 November 14
FOB NEWCASTLE COAL SWAPS GAINED WEEK OVER WEEK
COALspot.com: API 5 FOB Newcastle Coal swap for Q4’ 2014 delivery decreased US$ 1.09 (-1.99%) month over month and increased US$ 0.31 (+0.58% ...
Monday, 03 November 14
ADARO PRODUCED 41.90MT OF COAL FOR FIRST 9 MONTHS OF 2014
COALspot.com: Adaro’s coal production in the third quarter reached 14.03 Mt, a 2% increase compared to the same period of last year. Accordin ...
Monday, 03 November 14
CFR SOUTH CHINA COAL SWAP FOR Q4' 2014 DELIVERY LOST 2.80% MONTH OVER MONTH
COALspot.com: API 8 CFR South China Coal swap for Q4’ 2014 delivery has decreased US$ 1.86 (-2.80%) month over month and increased US$ 0.37 ( ...
Monday, 03 November 14
INDONESIAN'S COAL EXPORTS JUMP IN SEPTEMBER
COALspot.com: Indonesia, one of the world's largest coal producers and the global leading multi grade coal exporter shipped around $1.50 ...
|
|
|
Showing 3396 to 3400 news of total 6871 |
|
 |
|
|
|
|
| |
|
 |
|
|
| |
|
- Kohat Cement Company Ltd. - Pakistan
- Petron Corporation, Philippines
- Star Paper Mills Limited - India
- PTC India Limited - India
- Borneo Indobara - Indonesia
- Energy Development Corp, Philippines
- Global Coal Blending Company Limited - Australia
- GMR Energy Limited - India
- Parry Sugars Refinery, India
- Pendopo Energi Batubara - Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- Electricity Generating Authority of Thailand
- Australian Coal Association
- Maheswari Brothers Coal Limited - India
- Baramulti Group, Indonesia
- India Bulls Power Limited - India
- Lanco Infratech Ltd - India
- Sical Logistics Limited - India
- Altura Mining Limited, Indonesia
- Tata Chemicals Ltd - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Wood Mackenzie - Singapore
- Bhatia International Limited - India
- Meralco Power Generation, Philippines
- Bayan Resources Tbk. - Indonesia
- Port Waratah Coal Services - Australia
- South Luzon Thermal Energy Corporation
- London Commodity Brokers - England
- Ministry of Mines - Canada
- Vizag Seaport Private Limited - India
- Krishnapatnam Port Company Ltd. - India
- Asmin Koalindo Tuhup - Indonesia
- Kobexindo Tractors - Indoneisa
- MS Steel International - UAE
- Carbofer General Trading SA - India
- Manunggal Multi Energi - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Independent Power Producers Association of India
- Standard Chartered Bank - UAE
- Commonwealth Bank - Australia
- Antam Resourcindo - Indonesia
- Simpson Spence & Young - Indonesia
- Tamil Nadu electricity Board
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Jindal Steel & Power Ltd - India
- Barasentosa Lestari - Indonesia
- Aboitiz Power Corporation - Philippines
- Samtan Co., Ltd - South Korea
- Ministry of Finance - Indonesia
- Africa Commodities Group - South Africa
- Indonesian Coal Mining Association
- Georgia Ports Authority, United States
- Heidelberg Cement - Germany
- SN Aboitiz Power Inc, Philippines
- PowerSource Philippines DevCo
- Mjunction Services Limited - India
- Sojitz Corporation - Japan
- Ministry of Transport, Egypt
- Karaikal Port Pvt Ltd - India
- Romanian Commodities Exchange
- International Coal Ventures Pvt Ltd - India
- Oldendorff Carriers - Singapore
- Essar Steel Hazira Ltd - India
- Indian Oil Corporation Limited
- VISA Power Limited - India
- Eastern Energy - Thailand
- Directorate Of Revenue Intelligence - India
- Global Green Power PLC Corporation, Philippines
- Metalloyd Limited - United Kingdom
- ASAPP Information Group - India
- PNOC Exploration Corporation - Philippines
- Semirara Mining Corp, Philippines
- Pipit Mutiara Jaya. PT, Indonesia
- GAC Shipping (India) Pvt Ltd
- Gujarat Sidhee Cement - India
- Leighton Contractors Pty Ltd - Australia
- Gujarat Mineral Development Corp Ltd - India
- Indogreen Group - Indonesia
- Neyveli Lignite Corporation Ltd, - India
- Minerals Council of Australia
- Goldman Sachs - Singapore
- Renaissance Capital - South Africa
- Mintek Dendrill Indonesia
- Electricity Authority, New Zealand
- Maharashtra Electricity Regulatory Commission - India
- Interocean Group of Companies - India
- Larsen & Toubro Limited - India
- Holcim Trading Pte Ltd - Singapore
- Offshore Bulk Terminal Pte Ltd, Singapore
- Price Waterhouse Coopers - Russia
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Bangladesh Power Developement Board
- Gujarat Electricity Regulatory Commission - India
- McConnell Dowell - Australia
- Kaltim Prima Coal - Indonesia
- Madhucon Powers Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- Bukit Baiduri Energy - Indonesia
- European Bulk Services B.V. - Netherlands
- Cement Manufacturers Association - India
- Posco Energy - South Korea
- Ambuja Cements Ltd - India
- Global Business Power Corporation, Philippines
- Semirara Mining and Power Corporation, Philippines
- Grasim Industreis Ltd - India
- GVK Power & Infra Limited - India
- Economic Council, Georgia
- Straits Asia Resources Limited - Singapore
- Intertek Mineral Services - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Orica Australia Pty. Ltd.
- Australian Commodity Traders Exchange
- Kapuas Tunggal Persada - Indonesia
- Indian Energy Exchange, India
- Ind-Barath Power Infra Limited - India
- Kartika Selabumi Mining - Indonesia
- Bukit Asam (Persero) Tbk - Indonesia
- Toyota Tsusho Corporation, Japan
- Sarangani Energy Corporation, Philippines
- TeaM Sual Corporation - Philippines
- IHS Mccloskey Coal Group - USA
- Rio Tinto Coal - Australia
- Attock Cement Pakistan Limited
- Wilmar Investment Holdings
- Iligan Light & Power Inc, Philippines
- Kideco Jaya Agung - Indonesia
- The University of Queensland
- Kalimantan Lumbung Energi - Indonesia
- Singapore Mercantile Exchange
- Thai Mozambique Logistica
- Alfred C Toepfer International GmbH - Germany
- Medco Energi Mining Internasional
- Sinarmas Energy and Mining - Indonesia
- Orica Mining Services - Indonesia
- IEA Clean Coal Centre - UK
- Bhoruka Overseas - Indonesia
- Agrawal Coal Company - India
- Binh Thuan Hamico - Vietnam
- Salva Resources Pvt Ltd - India
- Ceylon Electricity Board - Sri Lanka
- Uttam Galva Steels Limited - India
- Coalindo Energy - Indonesia
- Indika Energy - Indonesia
- Marubeni Corporation - India
- ICICI Bank Limited - India
- Coal and Oil Company - UAE
- Trasteel International SA, Italy
- Siam City Cement - Thailand
- Mercuria Energy - Indonesia
- Siam City Cement PLC, Thailand
- OPG Power Generation Pvt Ltd - India
- Miang Besar Coal Terminal - Indonesia
- Energy Link Ltd, New Zealand
- Bulk Trading Sa - Switzerland
- Bukit Makmur.PT - Indonesia
- Timah Investasi Mineral - Indoneisa
- Central Electricity Authority - India
- AsiaOL BioFuels Corp., Philippines
- Coastal Gujarat Power Limited - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Anglo American - United Kingdom
- Directorate General of MIneral and Coal - Indonesia
- Dalmia Cement Bharat India
- Merrill Lynch Commodities Europe
- SMG Consultants - Indonesia
- Chamber of Mines of South Africa
- Kumho Petrochemical, South Korea
- Jaiprakash Power Ventures ltd
- San Jose City I Power Corp, Philippines
- Makarim & Taira - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Rashtriya Ispat Nigam Limited - India
- Central Java Power - Indonesia
- Indo Tambangraya Megah - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- Latin American Coal - Colombia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Meenaskhi Energy Private Limited - India
- SMC Global Power, Philippines
- Parliament of New Zealand
- Videocon Industries ltd - India
- Sindya Power Generating Company Private Ltd
- Aditya Birla Group - India
- Xindia Steels Limited - India
- Malabar Cements Ltd - India
- Globalindo Alam Lestari - Indonesia
- Edison Trading Spa - Italy
- Deloitte Consulting - India
- Formosa Plastics Group - Taiwan
- Savvy Resources Ltd - HongKong
- Karbindo Abesyapradhi - Indoneisa
- Billiton Holdings Pty Ltd - Australia
- Thiess Contractors Indonesia
- Sakthi Sugars Limited - India
- Kepco SPC Power Corporation, Philippines
- Mercator Lines Limited - India
- New Zealand Coal & Carbon
- Bharathi Cement Corporation - India
- Bahari Cakrawala Sebuku - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- LBH Netherlands Bv - Netherlands
- The State Trading Corporation of India Ltd
- Eastern Coal Council - USA
- White Energy Company Limited
- Power Finance Corporation Ltd., India
- Therma Luzon, Inc, Philippines
- TNB Fuel Sdn Bhd - Malaysia
- Riau Bara Harum - Indonesia
- CNBM International Corporation - China
- Planning Commission, India
- Chettinad Cement Corporation Ltd - India
- Vedanta Resources Plc - India
- CIMB Investment Bank - Malaysia
- The Treasury - Australian Government
- Bhushan Steel Limited - India
- Sree Jayajothi Cements Limited - India
- Banpu Public Company Limited - Thailand
|
| |
| |
|
