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Our Singapore office recently briefed the market on some key issues impacting the marine sector including the forthcoming sulphur cap, the increase of phishing scams and the effect of sanction clauses.
In this edition of Notes from the Bar, we look briefly at a case where the P&I Club, its managers and solicitors appointed by the Club were sued in connection with representations made by the solicitors when handling the claim.
The concept of an “arrived ship” is important to determine when laytime commences in a voyage charter. It is also important for traders who incorporate charterparty terms into their contract of sale for the purposes of ascertaining demurrage.
In a recent amendment to the Singapore Rules of Court, there is a change in the form of a caveat against arrest which may potentially bring about more interest in this procedure.
Case review 11/12/2017
Before the charter party was signed, there was an issue as to whether the end receiver was prepared to accept this vessel. Eventually the end receiver indicated that it was prepared to accept the vessel. However, Mercuria wrote to Toptip saying “Owrs cannot accept chtrs cp after review, so subject failed on cp review…”
Toptip went on to source from a substitute charter. It turned out that Toptip eventually chartered the same vessel but from another disponent owner at a higher rate. It appears that Mercuria terminated the charter party with Toptip and chartered the same vessel to another party at a higher rate, and that party subsequently sub-chartered the same vessel to Toptip.
In recent years, one manner of alternative dispute resolution has taken the form of a combination of mediation and arbitration.
Notes from the bar: once on demurrage, always on demurrage?
In international trade, it is very common for parties to reach an agreement on the main commercial terms of each transaction.
There has been a long tussle between insolvency lawyers and shipping lawyers over whether a lien over sub-freight ought to be treated as a registrable charge pursuant to the Companies Act.