Carriage cases: overview

The beginning of 2015 has been an unusually productive time for cases dealing with charterparties and bills of lading. A large number of cases have each contributed in minor ways to the law. A brief overview of all the cases is therefore in order.

Trade, Contracts, Bills of Lading

The future of cross-border litigation in Europe

On 24 March 2015, the one-day conference “Jurisdiction and Arbitration in Commercial and Maritime disputes after the Recast Regulation” was organised by the Institute of Maritime Law, University of Southampton, at the London office of Reed Smith LLP.

Practice and Policy, Arbitration, Jurisdiction, Regulation

Insurance Act 2015 – a new beginning or business as usual?

The Insurance Act 2015 received royal assent on 12 February 2015, having been sped through the Houses of Parliament under a special procedure for non-controversial Law Commission Bills.

Insurance, Regulation

Subrogation to charterparty liabilities – explained at last

The judgment of Teare J at first instance in Gard Marine & Energy Ltd v China National Chartering Co Ltd (The Ocean Victory) ([2015] EWHC 2199 (Comm)) has been criticised both from the insurance (Smiley, (2014) 26 ILM 5 3) and the charterparty perspective (Todd, [2014] LMCLQ 1, who labelled it “very pro-owner”). The Court of Appeal ([2015] EWCA Civ 16) has now reversed that judgment.

Shipping, Contracts

Opportunity missed? The Recast Regulation, Rothschild and hybrid jurisdiction agreements

In many commercial sectors asymmetrical or hybrid jurisdiction clauses are commonplace. In a Brussels jurisdiction regime context the French decision in Ms X v Banque Privee Edmond de Rothschild (Supreme Court, First Civil Chamber, 26 September 2012, No 11-26.022) called into question the validity of such clauses.

Jurisdiction, Regulation

Volcafe Ltd and Others v Compania Sud Americana de Vapores SA [2015] EWHC 516 (Comm)

Carriage of goods by sea – Bill of lading – Hague Rules, article III rule 2 – Carrier’s duty to properly and carefully perform its duties – Inherent vice – Burden of proof

Carrier’s duty to properly and carefully care for the goods

Carriage of Goods, Bills of Lading, Regulation

Stellar Ocean Transport LLC v Owners and/or Demise Charterers of the Ship or Vessel “Ruby Star” [2014] HKCA 645

Ship manager claiming sums owed – Sums on running account consisting of maritime liens as well as general debt

Shipping, Contracts

Hua Tyan Development Ltd v Zurich Insurance Co Ltd and Another (The “Ho Feng 7”) [2014] HKCFA 72

Marine insurance – Deadweight warranty – Rectification – Knowledge of the insurer – Waiver and estoppel – Non-disclosure

Insurance

Alternative Power Solution Ltd v Central Electricity Board and Another [2014] UKPC 31

Documentary credits – Fraud exception – Injunction – Balance of convenience

Contracts, Finance and Banking

Trafigura Beheer BV v Navigazione Montanari SpA (The “Valle di Cordoba”) [2015] EWCA Civ 91

Charterparty – Voyage – Loss by piracy – In-transit loss clause – Clause paramount – Hague-Visby Rules

Purpose and effect of ITL clause

Contracts

Caresse Navigation Ltd v Zurich Assurances MAROC and Others (The “Channel Ranger”) [2014] EWCA Civ 1366

Conflict of laws – Carriage of goods – Incorporation of charterparty terms into bills of lading – Contractual interpretation – Jurisdiction clauses

Carriage of Goods, Contracts, Bills of Lading, Conflict of Laws, Jurisdiction

Viscous Global Investment Ltd v Palladium Navigation Corporation (The "Quest") [2014] EWHC 2654 (Comm)

Bills of lading containing or referring to arbitration clause – P&I Club letter of undertaking containing alternative jurisdiction clause

Trade, Bills of Lading, Practice and Policy, Jurisdiction