In an awkward decision, the US Court of Appeals for the Sixth Circuit ruled that the US Carriage of Goods at Sea Act (COGSA) applies to a claim by a shipper against a carrier for goods damaged at sea on a voyage from Le Havre to Montreal. The goods were being shipped from Blanquefort, France to Detroit. They traveled overland from Blanquefort to Le Havre, where they were loaded aboard ship. The through bill of lading called for the goods to be shipped overland from Montreal to Detroit. The court held that COGSA would not normally apply since no seaport of the United States was involved in the shipment. Thus, the court found that the Hague-Visby Rules would normally apply, since both France and Canada subscribed thereto. The court then determined that the matter was properly before the court on cross-motions for summary judgment since there were no genuine issues of material fact in dispute. The court then launched into an extended discussion of how poorly drafted the various documents were and how they were susceptible to different interpretations. Eventually, the court decided as a matter of law that the parties had contracted to apply COGSA to this shipment. The court then proceeded to interpret the definition of package in favor of the shipper. If nothing else, this is an example of how the use of unclear language in contracts can lead to unexpected results. Royal Insurance Co. v. Orient Overseas Container Line, No. 06-1199 (6th Cir., January 30, 2008)(HK Law)
The U.S. Court of Appeals for the Fifth Circuit ruled that inclusion in a bill of lading of a clause providing for U.S. jurisdiction does not require application of the U.S. Carriage of Goods by Sea Act (COGSA) where the goods were shipped from Spain to China and the General Paramount Clause provided for application of the Hague-Visby Rules. In the instant case, the goods were damaged en route and the shipper brought suit against the vessel and the carrier
The North of England P&I club has warned its members to keep a closer watch on draught surveys to avoid costly cargo shortage claims. According to Tony Baker, head of North of England’s loss-prevention department, ‘We have recently witnessed a number of incidents where draught surveys have been manipulated to show short delivery of bulk cargoes. Some of the resulting shortage claims have involved large sums of money particularly as the values of some cargoes have risen
The UK P&I Club’s publication ‘Hellas Hilights - Issue 28’ recorded Rod Lingard's attendance at the green4Sea Forum and his address on 'The Legal and Insurance Aspects of Slow-Steaming, excerpted as follows: What’s the problem? On one side the owner has an obligation to follow the charterer’s slow-steaming instructions under the charterparty yet on the other the owner has the usually implied obligation under the Bill of Lading to proceed with due dispatch
Northrop Grumman Corporation has signed a cooperative agreement with Kockums AB and its parent company, Howaldtswerke Deutsche Werft AG (HDW), under which Kockums will join a team assembled by Northrop Grumman's Ship Systems sector to compete for the U.S. Navy's Focused Mission Vessel Study. This study is expected to result in the development and construction of a Littoral Combat Ship (LCS), one element of the DD(X) family of surface combatants planned for construction by the Navy during the
Reuters - Costa Rica will ask the International Court of Justice to settle a decade-old maritime border dispute with Nicaragua related to potential oil concessions, President Laura Chinchilla said on Monday. Costa Rica plans to file a complaint with the court at The Hague on Tuesday in which it will ask the court to determine its borders with Nicaragua in the Pacific Ocean and the Caribbean, she said in a statement.
Hollandsche Beton Group (HBG) reportedly won a $14 million order from Hague-based Elf Petroland BV to design and build an unmanned offshore gas platform.
A British merchant vessel, listing in rough seas in the Baltic, was escorted to safety by a Swedish coast guard vessel. The crew of the Scot Isles sent out a distress call Christmas Eve close to the Swedish island of Gotland, reports UPI. A rescue helicopter was sent from Visby and remained on the scene until a Swedish Coast Guard ship arrived. The Scot Isles' captain decided to return to Latvia and turned down an offer to evacuate his vessel
Greenpeace International executive director Kumi Naidoo has written to President Vladimir Putin offering to travel to Moscow as early as possible to meet with the Russian President, in an effort to end the continued incarceration of 28 peaceful activists and two freelance journalists. In the letter, delivered today to the Russian embassy in The Hague, Naidoo offers to move his life to Russia and act as a guarantor for the good conduct of the activists if they are released on bail.
UK-based Port Evaluation Management (Port-Evo) propose US$ 1-billion investment to redevelop Mongla Seaport & to operate long-term British Secretary of State for Foreign and Commonwealth Affairs and Northern Ireland William Hague made the proposal when he met the Bangladesh Prime Minister Sheikh Hasina at her hotel suite. She is in London to attend the Olympics. The proposal was made to develop the Mongla port under joint venture with Mongla Port Authorities.
By Stuart Grudgings, Reuters The submerged reef would be easy to miss, under turquoise seas about 80 km (50 miles) off Malaysia's Borneo island state of Sarawak. But two Chinese naval exercises in less than a year around the James Shoal have shocked Malaysia and led to a significant shift in
By Greg Torode and Manuel Mogato, Reuters Pressure is mounting on China and Southeast Asia to agree a code of conduct to keep the peace in the disputed South China Sea, but Beijing is warning of a long road ahead. Only last week, U.S. Secretary of State John Kerry urged China and the
Dutch Foreign Minister Frans Timmermans informs 'Russia info' that he has met with Russian Foreign Minister Sergei Lavrov to discuss the situation concerning the Greenpeace vessel. Relations between Russia and the Netherlands have been tense recently since an attack on a Russian diplomat in the
More than 250 top-level delegates attended trade association Interferry’s 38th annual conference in Malta to debate the major factors affecting ferry operations around the world. Under a new format mixing presentations with panel discussions and audience input
At its meeting today, the Supervisory Board of Hapag-Lloyd AG has set the course at an early stage for maintaining continuity in the Executive Board of Germany’s largest liner shipping company. Rolf Habben-Jansen will succeed Chief Executive Officer Michael Behrendt
A ferry operator’s experience of ‘the fastest ship in the world’ will feature among the cutting-edge initiatives being aired at Interferry’s 38th annual conference in Malta from October 5-9. The trade association event gives South American operator Buquebus a first
Construction work has begun on the United States Merchant Marine Academy's new Mallory Pier. Construction crews from Russell Marine have had a barge on-site in Hague Basin since early January focused on the first phase of the project, which required preparing the old pier to help support the new
Employees at APM Terminals Mumbai achieved 500 Safe Days, without any Lost Time Injury (LTI), setting a record at the Jawaharlal Nehru Port (JNPT) at Nhava Sheva. APM Terminals globally lays a lot of emphasis on Safety at terminals and the Senior Management team at The Hague is actively
Senergy has reinforced its growing Norwegian footprint by opening new business premises in Oslo. The company has also appointed highly-regarded industry figure, Frode Linge, to head up its new regional office as project/asset manager. The announcement comes just months after Senergy opened
BMT Fleet Technology Ltd, a subsidiary of BMT Group Ltd, the leading international maritime design, engineering and risk management consultancy, is pleased to announce the appointment of Dr Gordon Fleming as President. A former Canadian Naval Officer
The International Ship Recycling Association (ISRA) is quite clear; Bangladeshi ship breakers who are using tidal beaches are, as ISRA understands the court decision, illegal. The ruling by the Bangladeshi High Court on the petition filed by the Bangladesh Environmental Lawyers Association to
The International Ship Recycling Association has appointed maritime expert Arjen Uytendaal as Director. The Association was founded in 2007 by a group of stakeholders in the ship recycling industry made up of Processing Yards, Classification Societies and a Ship Owner
A large number of North Atlantic right whales have been seen in the Gulf of Maine, leading right whale researchers at NOAA’s Northeast Fisheries Science Center to believe they have identified a wintering ground and potentially a breeding ground for this endangered species.
Gerard Dijkstra of Dijkstra & Partners Naval Architects is the winner of this year’s HISWA Excellence Award. The naval architect received the award from the Dutch Minister of Economic Affairs Maria van der Hoeven at the World Forum in The Hague during the Maritime Awards Gala on 6
A Wärtsilä Lips LJ210E reversible waterjet. What was once a way to makes waves with small craft, contemporary high-powered waterjet propulsion systems are winding up on bigger vessels including warships. Why waterjets? They are simple and reliable