Club Article Videos

Updated October 2018

 

Having recently considered clause 8(d) of the Inter-Club Agreement, the English High Court, in its judgment in Agile Holdings Corporation v Essar Shipping Ltd [2018] EWHC 1055, has now turned its attention to clause 8(b), which concerns responsibility for cargo handling. Specifically, the court considered what constitutes a “similar amendment” for the purposes of clause 8(b). Constantin von Hirsch discusses this in detail in his Sea Venture article, and in this video.
In the recent case of Seatrade Group N.V. v Hakan Agro D.M.C.C (The Aconcagua Bay), the English High Court clarified the scope of a warranty in a voyage charterparty that the berth shall be “always accessible”. Previous cases have considered what this phrase means in the context of a vessel entering a berth, however this case discussed whether this requires that the vessel is able not only to enter the berth, but to leave the berth too. Laura Haddon discusses the case in this video - read her Sea Venture article in full here.
In this video Syndicate Associate Joanne Sharma considers The Court of Appeal's recent decision to uphold the decision of the Commercial Court on the applicability of the limitation in Article IV rule 5 of the Hague Rules to bulk cargoes in the case of Vinnlustodin Hf and Another v Sea Tank Shipping AS (The Aqasia). You can read the June 2018 article in full here.
The Court of Appeal recently affirmed the decision of the Admiralty Registrar Jervis Kay QC in the matter of Lawrence v NCL (Bahamas) Ltd t/a Norwegian Cruise Line (“NCL”)- QBD (Admlty Ct) (Jervis Kay QC, Admiralty Registrar [2016] EWHC (Admlty)- 6 May 2016. The case addresses the meaning of Paragraph 8 of Article 1 of the Athens Convention and when a tender service provided by a third party forms part of the ‘course of carriage’. Here, Stephanie Hayward discusses the details of the case - you can read her Sea Venture 29 article in full here.
On 25 October 2017 The Supreme Court handed down judgment in The Longchamp discussing the meaning of Rule F of the York-Antwerp Rules 1974 (“YAR”). In this video, Kalliopi Dalakleidi considers the decision and it's wide ranging consequences. Read her article in full here, on in Sea Venture 29.
Agapi Terzi is a Syndicate Executive in our Americas Syndicate. Here, she discusses the recent case of Dainford Navigation Inc v PDVSA Reptroleo SA (The Moscow Stars) [2017] EWHC 2150 (Comm), which dealt with an application made by Owners of the vessel for an order for the sale of cargo, pursuant to section 44(2)(d) of the Arbitration Act 1996. You can read the Sea Venture 29 article in full here.
The Eleventh Circuit Court recently affirmed the position that, in order for a cruise line to be considered negligent, a cruise passenger must prove the line had actual or constructive notice of conditions on board that caused the injury. The passenger had sought to appeal the decision of the District Court on the basis it had erred in not directing the jury that if the cruise line had created the dangerous condition, such actual or constructive notice was not required. Our Correspondent Manager, Neil Gibbons, discusses the key points of the case. You can read his article from June 2018 in full here.
In this video, Rebecca Penn-Chambers talks about The Conoco Weather Clause (“CWC”) which is frequently incorporated into charterparties but disputes as to its application often arise. There is no clear line of authority on its application and, as with all laytime and demurrage disputes, a careful analysis of the factual matrix including whether laytime has started and the demurrage provisions in the charterparty, will be required. Assuming time has started, the cause of delay will also be a factor. This article discusses some practical examples of its application in the context of various standard form charterparties. Read Rebecca's article here published in Sea Venture 29, June 2018

 

The Club is often asked to advise on which party to a
charterparty should be expected to bear the cost of delays to a vessel
arising from strikes or consequent port congestion. In most cases,
this will depend on the exact wording of charterparty clauses. In this
clip, Danielle Southey speaks about two reported London arbitration
awards that consider who should bear the cost of delays caused by
strikes on two voyage charters. The full article is available here and
was included in Sea Venuture 28, released in December 2017

 
 

Emily McCulloch, a Claims Manager within the America's 
Syndicate, discussed under English Law, the two main mechanisms for pursuing claims, which are High Court proceeding and arbitration. 
This article provide a brief comparison of both.
Read Emily's article here, which has been featured in Sea Venture 28,
published in December 2017