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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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Thursday, 16 October 14
PANAMAX OWNERS RECEIVE A PREMIUM FOR GOING TO INDIA VIA INDONESIA - FEARNLEYS AS
Handy
The Handy/Supra market continues to slide in both hemispheres, said Fearnleys AS in its latest week report. In the Atlantic we see rates co ...
Thursday, 16 October 14
ARE WE GOING TO SHOOT OURSELVES IN THE FOOT ONCE AGAIN? - PANOS MAKRINOS
As the East part of our globe was coming back from its October holidays last week, everyone expected that the Dry Bulk market would follow suit and ...
Wednesday, 15 October 14
PANAMAX: ACTIVITY IN THE PACIFIC WAS UNIMPRESSIVE
The Dry Bulk market noted another weekly decline last week, while the BDI moved below 1,000 points taking down with it expectations that a post hol ...
Wednesday, 15 October 14
INDONESIAN COAL PRICE REFERENCE FELL TO FRESH MULTI-YEAR LOWS IN OCTOBER
COALspot.com - The Ministry of Energy & Mineral Resources of Indonesia revised down the coal bench mark price once again in October 2014.
...
Wednesday, 15 October 14
DRY BULK SHIPPING: RATE IMPROVEMENTS ARRIVED AS FORECAST, BUT UNCERTAINTY MOUNTS FOR 2015 DEMAND - BIMCO
BIMCO released its latest short term assessment of the dry bulk market, estimating that over the October-November period, the level of Capesize TC ...
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Showing 3426 to 3430 news of total 6871 |
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- Sakthi Sugars Limited - India
- OPG Power Generation Pvt Ltd - India
- Energy Link Ltd, New Zealand
- PTC India Limited - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Eastern Energy - Thailand
- Miang Besar Coal Terminal - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Renaissance Capital - South Africa
- Vizag Seaport Private Limited - India
- Siam City Cement PLC, Thailand
- PNOC Exploration Corporation - Philippines
- Bhoruka Overseas - Indonesia
- Aboitiz Power Corporation - Philippines
- Bhatia International Limited - India
- CIMB Investment Bank - Malaysia
- TeaM Sual Corporation - Philippines
- VISA Power Limited - India
- Kalimantan Lumbung Energi - Indonesia
- SN Aboitiz Power Inc, Philippines
- Bharathi Cement Corporation - India
- Petrochimia International Co. Ltd.- Taiwan
- Eastern Coal Council - USA
- Pipit Mutiara Jaya. PT, Indonesia
- Bhushan Steel Limited - India
- Sarangani Energy Corporation, Philippines
- Gujarat Electricity Regulatory Commission - India
- GAC Shipping (India) Pvt Ltd
- GVK Power & Infra Limited - India
- New Zealand Coal & Carbon
- Uttam Galva Steels Limited - India
- Global Coal Blending Company Limited - Australia
- Dalmia Cement Bharat India
- Lanco Infratech Ltd - India
- Straits Asia Resources Limited - Singapore
- Kaltim Prima Coal - Indonesia
- LBH Netherlands Bv - Netherlands
- International Coal Ventures Pvt Ltd - India
- Interocean Group of Companies - India
- Mjunction Services Limited - India
- Australian Commodity Traders Exchange
- Coal and Oil Company - UAE
- Tamil Nadu electricity Board
- Therma Luzon, Inc, Philippines
- Anglo American - United Kingdom
- PowerSource Philippines DevCo
- Maheswari Brothers Coal Limited - India
- Indo Tambangraya Megah - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- Wilmar Investment Holdings
- IHS Mccloskey Coal Group - USA
- Iligan Light & Power Inc, Philippines
- Latin American Coal - Colombia
- Sinarmas Energy and Mining - Indonesia
- Oldendorff Carriers - Singapore
- Trasteel International SA, Italy
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Tata Chemicals Ltd - India
- Orica Australia Pty. Ltd.
- Siam City Cement - Thailand
- IEA Clean Coal Centre - UK
- Indian Oil Corporation Limited
- Medco Energi Mining Internasional
- Malabar Cements Ltd - India
- Chettinad Cement Corporation Ltd - India
- Wood Mackenzie - Singapore
- Ceylon Electricity Board - Sri Lanka
- Price Waterhouse Coopers - Russia
- Meenaskhi Energy Private Limited - India
- Chamber of Mines of South Africa
- Karaikal Port Pvt Ltd - India
- Intertek Mineral Services - Indonesia
- Altura Mining Limited, Indonesia
- Madhucon Powers Ltd - India
- Mintek Dendrill Indonesia
- The State Trading Corporation of India Ltd
- Kideco Jaya Agung - Indonesia
- The University of Queensland
- Vedanta Resources Plc - India
- Banpu Public Company Limited - Thailand
- Ministry of Finance - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Bulk Trading Sa - Switzerland
- Independent Power Producers Association of India
- Aditya Birla Group - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Central Java Power - Indonesia
- Bayan Resources Tbk. - Indonesia
- Posco Energy - South Korea
- Grasim Industreis Ltd - India
- Central Electricity Authority - India
- Holcim Trading Pte Ltd - Singapore
- Kobexindo Tractors - Indoneisa
- Parliament of New Zealand
- Indogreen Group - Indonesia
- Sindya Power Generating Company Private Ltd
- Thai Mozambique Logistica
- Essar Steel Hazira Ltd - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Videocon Industries ltd - India
- Bukit Baiduri Energy - Indonesia
- Ministry of Mines - Canada
- Marubeni Corporation - India
- Metalloyd Limited - United Kingdom
- Kohat Cement Company Ltd. - Pakistan
- SMC Global Power, Philippines
- Borneo Indobara - Indonesia
- Meralco Power Generation, Philippines
- Commonwealth Bank - Australia
- Ministry of Transport, Egypt
- Neyveli Lignite Corporation Ltd, - India
- Jaiprakash Power Ventures ltd
- Bukit Makmur.PT - Indonesia
- Port Waratah Coal Services - Australia
- Indika Energy - Indonesia
- Barasentosa Lestari - Indonesia
- Bangladesh Power Developement Board
- Ind-Barath Power Infra Limited - India
- European Bulk Services B.V. - Netherlands
- Singapore Mercantile Exchange
- Orica Mining Services - Indonesia
- Thiess Contractors Indonesia
- GMR Energy Limited - India
- Riau Bara Harum - Indonesia
- Electricity Authority, New Zealand
- Deloitte Consulting - India
- Ambuja Cements Ltd - India
- Carbofer General Trading SA - India
- Kapuas Tunggal Persada - Indonesia
- Cement Manufacturers Association - India
- Makarim & Taira - Indonesia
- Rio Tinto Coal - Australia
- Indian Energy Exchange, India
- Timah Investasi Mineral - Indoneisa
- Bank of Tokyo Mitsubishi UFJ Ltd
- Parry Sugars Refinery, India
- Bukit Asam (Persero) Tbk - Indonesia
- Directorate Of Revenue Intelligence - India
- Manunggal Multi Energi - Indonesia
- CNBM International Corporation - China
- GN Power Mariveles Coal Plant, Philippines
- ICICI Bank Limited - India
- Coalindo Energy - Indonesia
- Toyota Tsusho Corporation, Japan
- Samtan Co., Ltd - South Korea
- Agrawal Coal Company - India
- Attock Cement Pakistan Limited
- SMG Consultants - Indonesia
- Global Green Power PLC Corporation, Philippines
- Goldman Sachs - Singapore
- London Commodity Brokers - England
- Star Paper Mills Limited - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- MS Steel International - UAE
- Jindal Steel & Power Ltd - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- San Jose City I Power Corp, Philippines
- India Bulls Power Limited - India
- Merrill Lynch Commodities Europe
- Indonesian Coal Mining Association
- Asmin Koalindo Tuhup - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Bahari Cakrawala Sebuku - Indonesia
- Economic Council, Georgia
- Energy Development Corp, Philippines
- White Energy Company Limited
- Sojitz Corporation - Japan
- Cigading International Bulk Terminal - Indonesia
- AsiaOL BioFuels Corp., Philippines
- PetroVietnam Power Coal Import and Supply Company
- Standard Chartered Bank - UAE
- Planning Commission, India
- Formosa Plastics Group - Taiwan
- ASAPP Information Group - India
- Vijayanagar Sugar Pvt Ltd - India
- Billiton Holdings Pty Ltd - Australia
- Gujarat Mineral Development Corp Ltd - India
- The Treasury - Australian Government
- Sree Jayajothi Cements Limited - India
- Petron Corporation, Philippines
- Globalindo Alam Lestari - Indonesia
- Edison Trading Spa - Italy
- Georgia Ports Authority, United States
- Minerals Council of Australia
- Kartika Selabumi Mining - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- Heidelberg Cement - Germany
- Electricity Generating Authority of Thailand
- Pendopo Energi Batubara - Indonesia
- Global Business Power Corporation, Philippines
- Semirara Mining and Power Corporation, Philippines
- Romanian Commodities Exchange
- Alfred C Toepfer International GmbH - Germany
- Kepco SPC Power Corporation, Philippines
- Simpson Spence & Young - Indonesia
- Xindia Steels Limited - India
- Antam Resourcindo - Indonesia
- Larsen & Toubro Limited - India
- Binh Thuan Hamico - Vietnam
- Kumho Petrochemical, South Korea
- Mercuria Energy - Indonesia
- South Luzon Thermal Energy Corporation
- McConnell Dowell - Australia
- Sical Logistics Limited - India
- Mercator Lines Limited - India
- Rashtriya Ispat Nigam Limited - India
- Krishnapatnam Port Company Ltd. - India
- Africa Commodities Group - South Africa
- Coastal Gujarat Power Limited - India
- Savvy Resources Ltd - HongKong
- Karbindo Abesyapradhi - Indoneisa
- Australian Coal Association
- Gujarat Sidhee Cement - India
- Baramulti Group, Indonesia
- Power Finance Corporation Ltd., India
- Salva Resources Pvt Ltd - India
- Semirara Mining Corp, Philippines
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