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.
|
|
Wednesday, 29 October 14
GOOD REASON WHY Q4 CAPESIZE OUTLOOK WAS SO BULLISH AT START OF THE YEAR - COMMODORE RESEARCH
COALspot.com: There was good reason why so many analysts' capesize outlook for Q4 was so very strong at the start of this year. Brazilian ...
Tuesday, 28 October 14
SGX'S FOB RICHARDS BAY COAL SWAP FOR DELIVERY Q1' 2015 CLOSED AT $ 68.07 ON 24 OCT
COALspot.com: API 4 FOB Richards Bay coal swap for Q4’ 2014 delivery decreased US$ 0.65 (-0.96%) month over month and increased US$ 1.79 (+2. ...
Tuesday, 28 October 14
SUB-BIT FOB INDONESIA COAL SWAP FOR Q1' 15 DELIVERY CLOSED 3.68% LOWER MONTH ON MONTH
COALspot.com: Indonesian coal swaps for delivery Q4' 2014 lost month on month and gained day on day and week on week.
The swap has lost US ...
Monday, 27 October 14
GOVT PROMISES TO EASE LICENSING PROCEDURES IN MINING SECTOR - THE JAKARTA POST
The Energy and Mineral Resources Ministry’s directorate general for mineral and coal plans to simplify the complicated licensing procedures i ...
Monday, 27 October 14
FOB NEWCASTLE COAL SWAP FOR Q1' 15 DELIVERY CLOSED $ 0.10 LESSER THAN Q4' 14 CLOSING OF $ 53.27 PMT
COALspot.com: API 5 FOB Newcastle Coal swap for Q4’ 2014 delivery decreased US$ 1.43 (-2.61%) month over month and increased US$ 0.05 (+0.09% ...
|
|
|
Showing 3406 to 3410 news of total 6871 |
|
 |
|
|
|
|
| |
|
 |
|
|
| |
|
- Sinarmas Energy and Mining - Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Dalmia Cement Bharat India
- Directorate General of MIneral and Coal - Indonesia
- Riau Bara Harum - Indonesia
- CIMB Investment Bank - Malaysia
- Indonesian Coal Mining Association
- Petrochimia International Co. Ltd.- Taiwan
- Kapuas Tunggal Persada - Indonesia
- Sree Jayajothi Cements Limited - India
- PowerSource Philippines DevCo
- CNBM International Corporation - China
- Metalloyd Limited - United Kingdom
- MS Steel International - UAE
- TNB Fuel Sdn Bhd - Malaysia
- Wood Mackenzie - Singapore
- AsiaOL BioFuels Corp., Philippines
- Kalimantan Lumbung Energi - Indonesia
- Attock Cement Pakistan Limited
- Uttam Galva Steels Limited - India
- Samtan Co., Ltd - South Korea
- Singapore Mercantile Exchange
- White Energy Company Limited
- ICICI Bank Limited - India
- Bahari Cakrawala Sebuku - Indonesia
- Semirara Mining Corp, Philippines
- Latin American Coal - Colombia
- IHS Mccloskey Coal Group - USA
- Trasteel International SA, Italy
- Carbofer General Trading SA - India
- Larsen & Toubro Limited - India
- Thiess Contractors Indonesia
- Romanian Commodities Exchange
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- GN Power Mariveles Coal Plant, Philippines
- Agrawal Coal Company - India
- London Commodity Brokers - England
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Georgia Ports Authority, United States
- Siam City Cement - Thailand
- Pendopo Energi Batubara - Indonesia
- IEA Clean Coal Centre - UK
- Baramulti Group, Indonesia
- Australian Coal Association
- Jorong Barutama Greston.PT - Indonesia
- Energy Development Corp, Philippines
- Sakthi Sugars Limited - India
- Kumho Petrochemical, South Korea
- Holcim Trading Pte Ltd - Singapore
- Coastal Gujarat Power Limited - India
- Edison Trading Spa - Italy
- Semirara Mining and Power Corporation, Philippines
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Toyota Tsusho Corporation, Japan
- Simpson Spence & Young - Indonesia
- Siam City Cement PLC, Thailand
- Bulk Trading Sa - Switzerland
- Interocean Group of Companies - India
- Grasim Industreis Ltd - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Minerals Council of Australia
- Vizag Seaport Private Limited - India
- Billiton Holdings Pty Ltd - Australia
- Electricity Authority, New Zealand
- Directorate Of Revenue Intelligence - India
- Antam Resourcindo - Indonesia
- Energy Link Ltd, New Zealand
- Barasentosa Lestari - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- PTC India Limited - India
- Jindal Steel & Power Ltd - India
- Iligan Light & Power Inc, Philippines
- Kideco Jaya Agung - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- India Bulls Power Limited - India
- Commonwealth Bank - Australia
- Kobexindo Tractors - Indoneisa
- Therma Luzon, Inc, Philippines
- Binh Thuan Hamico - Vietnam
- Central Java Power - Indonesia
- Tamil Nadu electricity Board
- Aboitiz Power Corporation - Philippines
- Meenaskhi Energy Private Limited - India
- Manunggal Multi Energi - Indonesia
- Savvy Resources Ltd - HongKong
- South Luzon Thermal Energy Corporation
- Price Waterhouse Coopers - Russia
- Oldendorff Carriers - Singapore
- Bukit Baiduri Energy - Indonesia
- Electricity Generating Authority of Thailand
- Heidelberg Cement - Germany
- Malabar Cements Ltd - India
- Lanco Infratech Ltd - India
- Leighton Contractors Pty Ltd - Australia
- Krishnapatnam Port Company Ltd. - India
- Bharathi Cement Corporation - India
- Indogreen Group - Indonesia
- Power Finance Corporation Ltd., India
- Borneo Indobara - Indonesia
- Parliament of New Zealand
- Sarangani Energy Corporation, Philippines
- Africa Commodities Group - South Africa
- Coal and Oil Company - UAE
- The Treasury - Australian Government
- Maharashtra Electricity Regulatory Commission - India
- SMC Global Power, Philippines
- Gujarat Sidhee Cement - India
- Madhucon Powers Ltd - India
- Orica Australia Pty. Ltd.
- Eastern Energy - Thailand
- Chamber of Mines of South Africa
- SMG Consultants - Indonesia
- Kaltim Prima Coal - Indonesia
- Port Waratah Coal Services - Australia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Merrill Lynch Commodities Europe
- Renaissance Capital - South Africa
- Global Green Power PLC Corporation, Philippines
- Medco Energi Mining Internasional
- Goldman Sachs - Singapore
- Wilmar Investment Holdings
- Neyveli Lignite Corporation Ltd, - India
- PetroVietnam Power Coal Import and Supply Company
- Independent Power Producers Association of India
- Banpu Public Company Limited - Thailand
- Cement Manufacturers Association - India
- Global Coal Blending Company Limited - Australia
- Ministry of Transport, Egypt
- Sical Logistics Limited - India
- Thai Mozambique Logistica
- LBH Netherlands Bv - Netherlands
- Asmin Koalindo Tuhup - Indonesia
- Deloitte Consulting - India
- Tata Chemicals Ltd - India
- New Zealand Coal & Carbon
- Mjunction Services Limited - India
- Ambuja Cements Ltd - India
- Aditya Birla Group - India
- European Bulk Services B.V. - Netherlands
- SN Aboitiz Power Inc, Philippines
- Indika Energy - Indonesia
- Marubeni Corporation - India
- Parry Sugars Refinery, India
- Sojitz Corporation - Japan
- Gujarat Mineral Development Corp Ltd - India
- Globalindo Alam Lestari - Indonesia
- Videocon Industries ltd - India
- Makarim & Taira - Indonesia
- Eastern Coal Council - USA
- PNOC Exploration Corporation - Philippines
- Indian Energy Exchange, India
- Economic Council, Georgia
- Rio Tinto Coal - Australia
- Australian Commodity Traders Exchange
- ASAPP Information Group - India
- Ministry of Mines - Canada
- Timah Investasi Mineral - Indoneisa
- Central Electricity Authority - India
- Chettinad Cement Corporation Ltd - India
- Ind-Barath Power Infra Limited - India
- Posco Energy - South Korea
- Standard Chartered Bank - UAE
- Bhoruka Overseas - Indonesia
- Anglo American - United Kingdom
- Bangladesh Power Developement Board
- GAC Shipping (India) Pvt Ltd
- Indo Tambangraya Megah - Indonesia
- Vedanta Resources Plc - India
- Bhushan Steel Limited - India
- Xindia Steels Limited - India
- Meralco Power Generation, Philippines
- Planning Commission, India
- Mercuria Energy - Indonesia
- Star Paper Mills Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- VISA Power Limited - India
- Coalindo Energy - Indonesia
- Petron Corporation, Philippines
- Orica Mining Services - Indonesia
- Kartika Selabumi Mining - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Intertek Mineral Services - Indonesia
- Bukit Makmur.PT - Indonesia
- Jaiprakash Power Ventures ltd
- Alfred C Toepfer International GmbH - Germany
- Mercator Lines Limited - India
- Straits Asia Resources Limited - Singapore
- International Coal Ventures Pvt Ltd - India
- OPG Power Generation Pvt Ltd - India
- Karaikal Port Pvt Ltd - India
- San Jose City I Power Corp, Philippines
- Bayan Resources Tbk. - Indonesia
- Salva Resources Pvt Ltd - India
- Formosa Plastics Group - Taiwan
- Altura Mining Limited, Indonesia
- Miang Besar Coal Terminal - Indonesia
- Sindya Power Generating Company Private Ltd
- Maheswari Brothers Coal Limited - India
- Mintek Dendrill Indonesia
- TeaM Sual Corporation - Philippines
- Ceylon Electricity Board - Sri Lanka
- Global Business Power Corporation, Philippines
- Essar Steel Hazira Ltd - India
- Rashtriya Ispat Nigam Limited - India
- Kepco SPC Power Corporation, Philippines
- Indian Oil Corporation Limited
- Bhatia International Limited - India
- McConnell Dowell - Australia
- The University of Queensland
- Gujarat Electricity Regulatory Commission - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Ministry of Finance - Indonesia
- The State Trading Corporation of India Ltd
- GVK Power & Infra Limited - India
- GMR Energy Limited - India
|
| |
| |
|
