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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, 19 October 14
LOW DEMAND PUSHES DOWN COAL FREIGHT RATES; VOLATILITY CONTINUES
COALspot.com: This week all the segments softened including BDI except for Panamax index.
The BDI was down by1.70 pct and clsoed at 944 points ...
Friday, 17 October 14
INTERNATIONAL COAL PRICES ARE AT LOWEST LEVEL; COAL STOCKS AT INDIAN POWER PLANTS ARE ALSO AT LOWEST LEVEL
International coal prices as well as coal freights are falling and reaching to its lowest levels. According to PTI, fuel stockpiles at the thermal ...
Friday, 17 October 14
U.S. COAL PRODUCTION UP BY 3.6% WEEK - ON - WEEK
COALspot.com – United States the world's one of largest coal producers, produced approximately 19.20 million short tons (mmst) of coal in ...
Friday, 17 October 14
DRY BULK SHIPPING'S OUTLOOK NOW SHIFTING TO A LESS PROMISING ONE, SHIP PRICES EXPECTED TO FOLLOW SOON - NIKOS ROUSSANOGLOU, HELLENIC SHIPPING
China’s and other Asian countries’ return to the dry bulk market last week, didn’t trigger the hoped support towards the dry bulk ...
Thursday, 16 October 14
KOREA MIDLAND POWER TO BUY 490K MT OF LCV COAL FOR 1Q 2015
COALspot.com : Korea Midland Power Co., Ltd. has invited bids through International open bidding for 490,000 Metric Tons (MT) of LCV (Sub) Bitumino ...
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Showing 3421 to 3425 news of total 6871 |
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- Larsen & Toubro Limited - India
- Kideco Jaya Agung - Indonesia
- Mercuria Energy - Indonesia
- Bulk Trading Sa - Switzerland
- Meralco Power Generation, Philippines
- Sinarmas Energy and Mining - Indonesia
- Samtan Co., Ltd - South Korea
- Gujarat Sidhee Cement - India
- Simpson Spence & Young - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Asmin Koalindo Tuhup - Indonesia
- Power Finance Corporation Ltd., India
- Orica Australia Pty. Ltd.
- Sindya Power Generating Company Private Ltd
- Pipit Mutiara Jaya. PT, Indonesia
- Kepco SPC Power Corporation, Philippines
- Kaltim Prima Coal - Indonesia
- ASAPP Information Group - India
- Mercator Lines Limited - India
- Trasteel International SA, Italy
- Altura Mining Limited, Indonesia
- Coastal Gujarat Power Limited - India
- Mjunction Services Limited - India
- Sree Jayajothi Cements Limited - India
- Bangladesh Power Developement Board
- Maharashtra Electricity Regulatory Commission - India
- Siam City Cement - Thailand
- Malabar Cements Ltd - India
- Therma Luzon, Inc, Philippines
- Star Paper Mills Limited - India
- Economic Council, Georgia
- VISA Power Limited - India
- Thai Mozambique Logistica
- Kobexindo Tractors - Indoneisa
- Barasentosa Lestari - Indonesia
- PowerSource Philippines DevCo
- McConnell Dowell - Australia
- Bayan Resources Tbk. - Indonesia
- Ministry of Mines - Canada
- Georgia Ports Authority, United States
- Global Business Power Corporation, Philippines
- Petron Corporation, Philippines
- Indika Energy - Indonesia
- Manunggal Multi Energi - Indonesia
- Latin American Coal - Colombia
- Toyota Tsusho Corporation, Japan
- Globalindo Alam Lestari - Indonesia
- Pendopo Energi Batubara - Indonesia
- Holcim Trading Pte Ltd - Singapore
- Sojitz Corporation - Japan
- Goldman Sachs - Singapore
- Planning Commission, India
- Sarangani Energy Corporation, Philippines
- Alfred C Toepfer International GmbH - Germany
- Kartika Selabumi Mining - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Karaikal Port Pvt Ltd - India
- Cement Manufacturers Association - India
- Electricity Authority, New Zealand
- Ministry of Finance - Indonesia
- The University of Queensland
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Central Electricity Authority - India
- IHS Mccloskey Coal Group - USA
- South Luzon Thermal Energy Corporation
- Bukit Baiduri Energy - Indonesia
- Orica Mining Services - Indonesia
- Attock Cement Pakistan Limited
- Mintek Dendrill Indonesia
- International Coal Ventures Pvt Ltd - India
- PTC India Limited - India
- Tamil Nadu electricity Board
- Gujarat Mineral Development Corp Ltd - India
- Standard Chartered Bank - UAE
- LBH Netherlands Bv - Netherlands
- Videocon Industries ltd - India
- MS Steel International - UAE
- Jorong Barutama Greston.PT - Indonesia
- Intertek Mineral Services - Indonesia
- Wilmar Investment Holdings
- Karbindo Abesyapradhi - Indoneisa
- Essar Steel Hazira Ltd - India
- Binh Thuan Hamico - Vietnam
- Semirara Mining and Power Corporation, Philippines
- Coalindo Energy - Indonesia
- India Bulls Power Limited - India
- Aboitiz Power Corporation - Philippines
- Renaissance Capital - South Africa
- Sical Logistics Limited - India
- Rashtriya Ispat Nigam Limited - India
- Eastern Energy - Thailand
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Straits Asia Resources Limited - Singapore
- Vizag Seaport Private Limited - India
- White Energy Company Limited
- Makarim & Taira - Indonesia
- Agrawal Coal Company - India
- Borneo Indobara - Indonesia
- Lanco Infratech Ltd - India
- Electricity Generating Authority of Thailand
- Australian Coal Association
- Edison Trading Spa - Italy
- Miang Besar Coal Terminal - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Baramulti Group, Indonesia
- Iligan Light & Power Inc, Philippines
- Banpu Public Company Limited - Thailand
- Gujarat Electricity Regulatory Commission - India
- Energy Development Corp, Philippines
- IEA Clean Coal Centre - UK
- Formosa Plastics Group - Taiwan
- Global Green Power PLC Corporation, Philippines
- Romanian Commodities Exchange
- European Bulk Services B.V. - Netherlands
- TNB Fuel Sdn Bhd - Malaysia
- Ministry of Transport, Egypt
- GVK Power & Infra Limited - India
- GN Power Mariveles Coal Plant, Philippines
- OPG Power Generation Pvt Ltd - India
- San Jose City I Power Corp, Philippines
- Dalmia Cement Bharat India
- Petrochimia International Co. Ltd.- Taiwan
- Riau Bara Harum - Indonesia
- Kumho Petrochemical, South Korea
- Offshore Bulk Terminal Pte Ltd, Singapore
- Vedanta Resources Plc - India
- Eastern Coal Council - USA
- Grasim Industreis Ltd - India
- Indogreen Group - Indonesia
- Indo Tambangraya Megah - Indonesia
- Interocean Group of Companies - India
- SMG Consultants - Indonesia
- Aditya Birla Group - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Oldendorff Carriers - Singapore
- ICICI Bank Limited - India
- Anglo American - United Kingdom
- Kapuas Tunggal Persada - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Minerals Council of Australia
- Parry Sugars Refinery, India
- Merrill Lynch Commodities Europe
- Rio Tinto Coal - Australia
- Directorate General of MIneral and Coal - Indonesia
- TeaM Sual Corporation - Philippines
- Australian Commodity Traders Exchange
- Tata Chemicals Ltd - India
- Thiess Contractors Indonesia
- Indian Oil Corporation Limited
- Krishnapatnam Port Company Ltd. - India
- Indonesian Coal Mining Association
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- New Zealand Coal & Carbon
- Timah Investasi Mineral - Indoneisa
- Bhushan Steel Limited - India
- PNOC Exploration Corporation - Philippines
- Parliament of New Zealand
- Jindal Steel & Power Ltd - India
- Wood Mackenzie - Singapore
- Independent Power Producers Association of India
- Jaiprakash Power Ventures ltd
- Chamber of Mines of South Africa
- Directorate Of Revenue Intelligence - India
- Xindia Steels Limited - India
- Maheswari Brothers Coal Limited - India
- Central Java Power - Indonesia
- Global Coal Blending Company Limited - Australia
- Heidelberg Cement - Germany
- Posco Energy - South Korea
- PetroVietnam Power Coal Import and Supply Company
- Medco Energi Mining Internasional
- Neyveli Lignite Corporation Ltd, - India
- Marubeni Corporation - India
- Billiton Holdings Pty Ltd - Australia
- The Treasury - Australian Government
- Ambuja Cements Ltd - India
- Chettinad Cement Corporation Ltd - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Singapore Mercantile Exchange
- Port Waratah Coal Services - Australia
- Savvy Resources Ltd - HongKong
- Commonwealth Bank - Australia
- AsiaOL BioFuels Corp., Philippines
- Bharathi Cement Corporation - India
- Kalimantan Lumbung Energi - Indonesia
- Energy Link Ltd, New Zealand
- Sakthi Sugars Limited - India
- Salva Resources Pvt Ltd - India
- Indian Energy Exchange, India
- Bhoruka Overseas - Indonesia
- Ind-Barath Power Infra Limited - India
- GAC Shipping (India) Pvt Ltd
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Antam Resourcindo - Indonesia
- Africa Commodities Group - South Africa
- Bukit Makmur.PT - Indonesia
- Bhatia International Limited - India
- Kohat Cement Company Ltd. - Pakistan
- London Commodity Brokers - England
- SN Aboitiz Power Inc, Philippines
- Vijayanagar Sugar Pvt Ltd - India
- Metalloyd Limited - United Kingdom
- Uttam Galva Steels Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Semirara Mining Corp, Philippines
- Carbofer General Trading SA - India
- Deloitte Consulting - India
- Madhucon Powers Ltd - India
- Coal and Oil Company - UAE
- SMC Global Power, Philippines
- The State Trading Corporation of India Ltd
- Meenaskhi Energy Private Limited - India
- CIMB Investment Bank - Malaysia
- CNBM International Corporation - China
- Siam City Cement PLC, Thailand
- GMR Energy Limited - India
- Price Waterhouse Coopers - Russia
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