Category

Tanker

Newsletters with the category - Case Law - English

Issue 1 - April 1996

TIME BARS

Despite the 1995 English High Court judgement in the case of O.K. Petroleum v. Vitol S.A., there are still some companies who believe that the time bar contained in a ch Read more..

Issue 2 - September 1996

WHY USE ASBATANKVOY?

As far as we can tell the main beneficiaries of this charter party are lawyers. How many demurrage disputes have reached the courts concerning BEEPEEVOY3 or S Read more..

Issue 3 - February 1997

THE PETR SCHMIDT [1996]

In our newsletter No. 2 we referred to an arbitration over a charter party cl Read more..

Issue 4 - May 1997

C/P PUMPING CLAUSES

We will have a strong panel at the demurrage conference to debate the question of the fair interpretation of pumping clauses. We propose to start from the basi Read more..

Issue 7 - May 1998

THE PETR SCHMIDT [1998]

The Court of Appeal delivered its long-awaited judgment in March 1998. It upheld the Commercial Court’s ruling which had, in turn, confirmed the arbi Read more..

Issue 8 - September 1998

PUMPING DISPUTES

Pumping disputes are, without doubt, the greatest cause of delay to the settlement of tanker charter party and CIF/CRF contract demurrage claims. The usual argume Read more..

Issue 9 - January 1999

PUMPING DISPUTES

The Tanker Pumping Performance Working Group, referred to in our last newsletter wil Read more..

Issue 11 - September 1999

PUMPING DISPUTES

The Tanker Pumping Performance Working Group's recommendations were presented at our 4th International Conference on Tanker Demurrage at the end of May by Mark As Read more..

Issue 12 - January 2000

PUMPING DISPUTES

The Tanker Pumping Performance Working Group met in December to review progress following the presentation of their recommendations at the 4th International Confe Read more..

Issue 13 - May 2000

PUMPING DISPUTES

We understand that Intertanko's Documentary Committee has endorsed the "pumping performance formula" and that they will now recommend it to their members as a fai Read more..

Issue 14 - September 2000

PUMPING DISPUTES

The next meeting of the Working Group on the Fair Interpretation of Pumping Clauses is scheduled for October. One item on the agenda will be the question of wheth Read more..

Issue 15 - January 2001

PUMPING DISPUTES

The Working Group on the Fair Interpretation of Pumping Clauses has been strengthened by the addition of several new members and now includes representatives from Read more..

Issue 16 - May 2001

PUMPING DISPUTES

The Working Group on the Fair Interpretation of Pumping Clauses has drafted a set of pumping clauses that should go a long way towards removing the subjective app Read more..

Issue 17 - September 2001

PUMPING DISPUTES

Mark Aspinall of Shaw & Croft, representing The Working Group on the Fair Interpretation of Pumping Clauses, presented an entirely new pumping clause for tank Read more..

Issue 18 - January 2002

NOR TENDERED BEFORE ANCHORING

Further to our last newsletter, we have now assembled an Industry Working Group Read more..

Issue 19 - May 2002

NOTICES OF READINESS

The Industry Working Group on the validity of Notices of Readiness held its first meeting in March. Both owners’ and charterers’ representatives a Read more..

Issue 20 - September 2002

NOTICES OF READINESS

The Court of Appeal has recently issued its judgment in the case of Flacker Shipping Ltd v. Glencore Grain Ltd. The “Happy Day” and has allowed th Read more..

Issue 21 - January 2003

EARLY LOADING CLAUSES

So-called “early loading clauses” whereby the charterers receive additional laytime for agreeing to load before the commencement of laydays have Read more..

Issue 22 - May 2003

RESPONSIBILITY FOR OBTAINING FREE PRATIQUE

We have recently been consulted by ship owners about an additional chartering clause that states not only that until free pratique has b Read more..

Issue 23 - September 2003

BREAKDOWN OF MACHINERY AND EQUIPMENT

In the recently published decision in the High Court case of Portolana Compania Naviera v. Vitol SA - “The Alfrapearl”, Read more..

Issue 24 - January 2004

THE NIKMARY – TRITON NAVIGATION V. VITOL - COURT OF APPEAL, 2 DEC. 2003

We referred to the judgement of the High Court in The “Nikmary” in Read more..

Issue 25 - May 2004

CAN LAYTIME RUN PRIOR TO OPENING OF A LETTER OF CREDIT?

We asked this question in News Update No. 22 when the High Court heard the case of Kronos Worldwide Ltd. v. Sempra Read more..

Issue 26 - September 2004

BREAKDOWN OF MACHINERY AND EQUIPMENT

In News Update No. 23 we reported on the decision in the High Court case Read more..

Issue 27 - January 2005

EARLY LOADING CLAUSES

A recent London arbitration, LMLN 27/04, highlighted how difficult it can be to write additional charter party clauses that will cover every Read more..

Issue 28 - May 2005

SHELLVOY6

Shell have now issued their long-awaited update to Shellvoy5 with effect from 18 April 2005. It includes most of the amendments that Shell previously covered in the addi Read more..

Issue 29 - September 2005

CHARTERERS SWITCH FROM ASBATANKVOY

We reported in our last newsletter that an increasing number of charterers Read more..

Issue 30 - January 2006

OFFSETS AGAINST SHIP OWNERS’ CLAIMS

We have seen a few occasions where charterers have upset owners by making unauthorised deductions from their invoices and claims. It is s Read more..

Issue 31 - May 2006

This issue of Asdem’s News Update concentrates on a number of recent judgements from the High Court that relate to oil trading and shipping.


SENDING CLAIMS BY EMAILRead more..

Issue 32 - September 2006

CAN A NOTICE OF READINESS BE TENDERED AND DISCHARGE COMMENCE WITHOUT TRIGGERING THE START OF LAYTIME?

In the previous edition of Read more..

Issue 34 - May 2007

TIME BARS AND THE LIMITATIONS ACT 1980

The recent High Court case of Lia Oil SA v. Erg Petroli Spa, “The Liano” [2007] highlights the importance of co Read more..

Issue 35 - September 2007

LAYCAN OR DELIVERY PERIOD IN SALES CONTRACTS?

Chevron failed to overturn the High Court judgment in ERG Raffinerie Mediterranee SpA v. Chevron USA Inc. (The “Luxmar& Read more..

Issue 36 - January 2008

OWNERS’ OBLIGATION TO MAINTAIN VESSELS IN FIT STATE TO TRADE

Andrew Wilding who runs Asdem’s office in Singapore is a very experienced shipping lawyer. He has contribu Read more..

Issue 37 - May 2008

THE MEANING OF “ONE SAFE PORT”

In the case of AIC Ltd. v. Marine Pilot (“The Archimidis”) [2008] the Court of Appeal clarified the meanin Read more..

Issue 38 - September 2008

WHEN "FORESEEABILITY" IS NOT ENOUGH.

The House of Lords has recently delivered a significant judgment in the dry cargo case of The "Achilleas", Transfield Shipping Inc. v. Read more..

Issue 39 - January 2009

COMPLYING WITH THE DOCUMENTARY REQUIREMENTS OF A TIME BAR CLAUSE

In our last newsletter, Andrew Wilding, Managing Director of Asdem Asia reviewed the decision in Read more..

Issue 40 - May 2009

DAMAGES FOR DETENTION.

We have encountered several instances where ship owners have been unsure when they can claim damages for detention. As a general rule, detention cannot be c Read more..

Issue 41 - September 2009

WORKING GROUP ON A CODE OF BEST PRACTICE FOR THE HANDLING AND SETTLEMENT OF CLAIMS

Phil Stalley presented the conclusions of the Oil Industry Working Group at our International Co Read more..

Issue 42 - January 2010

CODE OF BEST PRACTICE FOR THE HANDLING AND SETTLEMENT OF CLAIMS

Following the launch of a Code of Practi Read more..

Issue 43 - May 2010

BUNKERING WHILE AWAITING A BERTH

We last commented in News Update No. 38 on the question of how to treat the t Read more..

Issue 44 - September 2010

NOTICE OF READINESS, FAILURE TO OBTAIN FREE PRATIQUE AND TIME BAR

We reviewed the High Court judgment in AET Inc. Ltd. v. Arcadia Petroleum, The "Eagle Valencia" [2008]Read more..

Issue 45 - January 2011

SPECIFICATION AND CERTIFICATION CLAUSES

Article from Andrew Wilding, Managing Director, Asdem Asia Pte. Ltd.

In the "Mercini Read more..

Issue 46 - May 2011

I DON'T BELIEVE IT!

Article provided by Phil Stalley, Demurrage Consultant.

Am I becoming the Read more..

Issue 47 - September 2011

HARD COPY CLAIMS

In the last News Update, Phil Stalley questioned whether there was still a need for hard copi Read more..

Issue 48 - January 2012

IT’S IMPORTANT TO KEEP UP-TO-DATE

Article from Phil Stalley, Demurrage Consultant

I don’t think readers of this n Read more..

Issue 49 - May 2012

OIL COMPANY APPROVALS

In News Update No. 46 we wrote: “Since oil companies are unwilling to issue long-t Read more..

Issue 50 - September 2012

EUROPEAN OIL BARGE CONFERENCE – ROTTERDAM 9/10 MAY 2012

We received an excellent response to our first conference on the European Oil Barge Trade. Sixty delegates came to li Read more..

Issue 51 - January 2013

INTERIM/ SECOND PORT OPTIONS

Considerable care should be taken when drafting interim port clauses. This was highlighted by the dispute in the London Arbitration 6/12 858 LMLN 4. A Read more..

Issue 52 - May 2013

THE "MERCINI LADY"

There have been three court hearing for this case, two of which we have previously reported. As these are somewhat confusing, here is a summary which may be hel Read more..

Issue 53 - September 2013

OWNERS’ LIEN ON CARGOES - COSTS

The Court of Appeal in Metall Market OOO v. Vitorio Shipping Co Ltd (The “Lehmann Timber”) EWCA Civ 650, overtur Read more..

Issue 54 - January 2014

TRADING CONTRACTS – WHEN DOES A DEAL BECOME BINDING?

Roger Sepkes, Managing Director of Asdem Ltd, was engaged as the expert witness on behalf of Proton, a oil trading compa Read more..

Issue 55 - May 2014

TRADING CONTRACTS – WHEN DOES A DEAL BECOME BINDING? (Part 2)

In the previous Asdem Newsletter No. 54, w Read more..

Issue 56 - September 2014

QUANTITY AND QUALITY DISPUTES WHEN ISSUING BILLS OF LADING

Article from Andrew Wilding - Managing Director, Asdem Asia Pte. Ltd.

Read more..

Issue 58 - May 2015

DEFINITION OF AN UNSAFE PORT

In Asdem Newsletter No. 53 we said that the High Court case of Read more..

Issue 59 - September 2015

CHARTERERS USE OF TIME PRIOR TO THE COMMENCEMENT OF LAYDAYS

By Andrew Wilding, Managing Director, Asdem Asia Pte. Ltd.

At the s Read more..

Issue 63 - January 2017

EXCEPTIONS AND GENERAL PRINCIPLES OF CAUSATION

Article provided by Andrew Wilding, Managing Director, Asdem Asia Pte. Ltd.

In a Read more..

Issue 64 - August 2018

  • TIME WAITING OFFSHORE UNDER OIL SALES CONTRACTS – IMPLIED CONTRACT FOR DELAY BY AGREEMENT

By Andrew Wilding, Managing Director, Asdem Limited

This case conc Read more..

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