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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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Sunday, 02 November 14
CAPE INDEX WAS UP 46.65% WEEK ON WEEK
COALspot.com: The BDI and Cape index continued the strong upward trend this week. The BDI was up 19.80 pct and Cape index was up by 46.65 per ...
Friday, 31 October 14
BUKIT ASAM'S NET PROFIT ROSE 27.42% FOR THE PERIOD JANUARY - SEPTEMBER 2014
COALspot.com: Publicly listed coal miner Bukit Asam reported solid profits in the first nine months of 2014 year.
Coal miner Bukit Asam manage ...
Friday, 31 October 14
U.S PRODUCED AROUND 19.3 MMST OF COAL IN A WEEK
COALspot.com – United States the world's one of largest coal producers, produced approximately 19.3 million short tons (mmst) of coal in ...
Thursday, 30 October 14
COAL & GRAINS SUPPORT PANAMAX AND IRON ORE SUPPORTS CAPES
Handy
The Atlantic market has been flat this week. Rates are up about US$ 200 from last week on the TA´s, but the volumes are about the sam ...
Thursday, 30 October 14
DOES A LOU ARBITRATION AGREEMENT FOR THE UNDERLYING CARGO CLAIM COMPLETELY REPLACE THE BILL OF LADING ARBITRATION CLAUSE? - INCE &CO
KNOWLEDGE TO ELEVATE
In the context of cargo claims brought under four bills of lading, the Commercial Court has recently considered whether a ...
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- Kepco SPC Power Corporation, Philippines
- Karbindo Abesyapradhi - Indoneisa
- GMR Energy Limited - India
- Cement Manufacturers Association - India
- Madhucon Powers Ltd - India
- Orica Mining Services - Indonesia
- Siam City Cement - Thailand
- SMG Consultants - Indonesia
- Tata Chemicals Ltd - India
- Holcim Trading Pte Ltd - Singapore
- Commonwealth Bank - Australia
- Central Electricity Authority - India
- Indian Energy Exchange, India
- Karaikal Port Pvt Ltd - India
- Leighton Contractors Pty Ltd - Australia
- Parliament of New Zealand
- Ambuja Cements Ltd - India
- Medco Energi Mining Internasional
- Alfred C Toepfer International GmbH - Germany
- International Coal Ventures Pvt Ltd - India
- Lanco Infratech Ltd - India
- Global Business Power Corporation, Philippines
- Toyota Tsusho Corporation, Japan
- GAC Shipping (India) Pvt Ltd
- Georgia Ports Authority, United States
- South Luzon Thermal Energy Corporation
- Posco Energy - South Korea
- Bangladesh Power Developement Board
- Coal and Oil Company - UAE
- Petrochimia International Co. Ltd.- Taiwan
- Africa Commodities Group - South Africa
- Economic Council, Georgia
- Xindia Steels Limited - India
- Thai Mozambique Logistica
- San Jose City I Power Corp, Philippines
- Intertek Mineral Services - Indonesia
- Samtan Co., Ltd - South Korea
- GVK Power & Infra Limited - India
- Maheswari Brothers Coal Limited - India
- Vedanta Resources Plc - India
- SMC Global Power, Philippines
- Edison Trading Spa - Italy
- Manunggal Multi Energi - Indonesia
- The State Trading Corporation of India Ltd
- GN Power Mariveles Coal Plant, Philippines
- Sical Logistics Limited - India
- Meenaskhi Energy Private Limited - India
- Siam City Cement PLC, Thailand
- Attock Cement Pakistan Limited
- OPG Power Generation Pvt Ltd - India
- Borneo Indobara - Indonesia
- LBH Netherlands Bv - Netherlands
- New Zealand Coal & Carbon
- Ministry of Finance - Indonesia
- Indian Oil Corporation Limited
- Power Finance Corporation Ltd., India
- Riau Bara Harum - Indonesia
- Anglo American - United Kingdom
- Wood Mackenzie - Singapore
- Planning Commission, India
- PTC India Limited - India
- Grasim Industreis Ltd - India
- Orica Australia Pty. Ltd.
- The Treasury - Australian Government
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Kobexindo Tractors - Indoneisa
- Mjunction Services Limited - India
- Binh Thuan Hamico - Vietnam
- Bulk Trading Sa - Switzerland
- Singapore Mercantile Exchange
- Romanian Commodities Exchange
- Jindal Steel & Power Ltd - India
- Marubeni Corporation - India
- Sojitz Corporation - Japan
- Energy Development Corp, Philippines
- Gujarat Mineral Development Corp Ltd - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Salva Resources Pvt Ltd - India
- Pipit Mutiara Jaya. PT, Indonesia
- Chamber of Mines of South Africa
- Videocon Industries ltd - India
- Star Paper Mills Limited - India
- Global Coal Blending Company Limited - Australia
- Directorate Of Revenue Intelligence - India
- Dalmia Cement Bharat India
- Altura Mining Limited, Indonesia
- Aboitiz Power Corporation - Philippines
- Port Waratah Coal Services - Australia
- CNBM International Corporation - China
- Sinarmas Energy and Mining - Indonesia
- Vizag Seaport Private Limited - India
- ASAPP Information Group - India
- Maharashtra Electricity Regulatory Commission - India
- Electricity Generating Authority of Thailand
- IEA Clean Coal Centre - UK
- Banpu Public Company Limited - Thailand
- Bukit Makmur.PT - Indonesia
- Makarim & Taira - Indonesia
- Energy Link Ltd, New Zealand
- Asmin Koalindo Tuhup - Indonesia
- The University of Queensland
- Barasentosa Lestari - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Uttam Galva Steels Limited - India
- India Bulls Power Limited - India
- Coalindo Energy - Indonesia
- Chettinad Cement Corporation Ltd - India
- Agrawal Coal Company - India
- Rashtriya Ispat Nigam Limited - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Bhoruka Overseas - Indonesia
- Price Waterhouse Coopers - Russia
- Heidelberg Cement - Germany
- White Energy Company Limited
- Vijayanagar Sugar Pvt Ltd - India
- PNOC Exploration Corporation - Philippines
- VISA Power Limited - India
- Baramulti Group, Indonesia
- Pendopo Energi Batubara - Indonesia
- Merrill Lynch Commodities Europe
- Directorate General of MIneral and Coal - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Bukit Asam (Persero) Tbk - Indonesia
- Therma Luzon, Inc, Philippines
- McConnell Dowell - Australia
- Mercuria Energy - Indonesia
- Kalimantan Lumbung Energi - Indonesia
- Electricity Authority, New Zealand
- London Commodity Brokers - England
- Carbofer General Trading SA - India
- Deloitte Consulting - India
- Global Green Power PLC Corporation, Philippines
- Iligan Light & Power Inc, Philippines
- Parry Sugars Refinery, India
- CIMB Investment Bank - Malaysia
- Ministry of Mines - Canada
- Sindya Power Generating Company Private Ltd
- Mintek Dendrill Indonesia
- PowerSource Philippines DevCo
- Trasteel International SA, Italy
- Ministry of Transport, Egypt
- Antam Resourcindo - Indonesia
- Thiess Contractors Indonesia
- Metalloyd Limited - United Kingdom
- Standard Chartered Bank - UAE
- Bharathi Cement Corporation - India
- Indo Tambangraya Megah - Indonesia
- Semirara Mining Corp, Philippines
- Larsen & Toubro Limited - India
- Goldman Sachs - Singapore
- Australian Commodity Traders Exchange
- Jorong Barutama Greston.PT - Indonesia
- Aditya Birla Group - India
- Semirara Mining and Power Corporation, Philippines
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Interocean Group of Companies - India
- Tamil Nadu electricity Board
- Kapuas Tunggal Persada - Indonesia
- TeaM Sual Corporation - Philippines
- SN Aboitiz Power Inc, Philippines
- Globalindo Alam Lestari - Indonesia
- Sakthi Sugars Limited - India
- Bhushan Steel Limited - India
- Mercator Lines Limited - India
- Billiton Holdings Pty Ltd - Australia
- Malabar Cements Ltd - India
- Meralco Power Generation, Philippines
- Ind-Barath Power Infra Limited - India
- Timah Investasi Mineral - Indoneisa
- Eastern Energy - Thailand
- IHS Mccloskey Coal Group - USA
- Renaissance Capital - South Africa
- Cigading International Bulk Terminal - Indonesia
- Sarangani Energy Corporation, Philippines
- MS Steel International - UAE
- Minerals Council of Australia
- Neyveli Lignite Corporation Ltd, - India
- Kideco Jaya Agung - Indonesia
- PetroVietnam Power Coal Import and Supply Company
- Kartika Selabumi Mining - Indonesia
- Essar Steel Hazira Ltd - India
- Indonesian Coal Mining Association
- Rio Tinto Coal - Australia
- ICICI Bank Limited - India
- Savvy Resources Ltd - HongKong
- Wilmar Investment Holdings
- Kaltim Prima Coal - Indonesia
- Indika Energy - Indonesia
- Indogreen Group - Indonesia
- European Bulk Services B.V. - Netherlands
- Formosa Plastics Group - Taiwan
- Coastal Gujarat Power Limited - India
- Bahari Cakrawala Sebuku - Indonesia
- Petron Corporation, Philippines
- Simpson Spence & Young - Indonesia
- Bhatia International Limited - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Kumho Petrochemical, South Korea
- Eastern Coal Council - USA
- Latin American Coal - Colombia
- Independent Power Producers Association of India
- TNB Fuel Sdn Bhd - Malaysia
- Gujarat Sidhee Cement - India
- Straits Asia Resources Limited - Singapore
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Oldendorff Carriers - Singapore
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Central Java Power - Indonesia
- Sree Jayajothi Cements Limited - India
- AsiaOL BioFuels Corp., Philippines
- Kohat Cement Company Ltd. - Pakistan
- Jaiprakash Power Ventures ltd
- Bayan Resources Tbk. - Indonesia
- Miang Besar Coal Terminal - Indonesia
- Australian Coal Association
- Bukit Baiduri Energy - Indonesia
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