Hague Visby

COGSA Trumps Hague-Visby in Complex Situation

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)

U.S. jurisdiction clause does not require application of COGSA

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

Northrop Grumman and Kockum/ HDW Partner Up

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

HBG Unit Wins Offshore Order

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.

North of England Warns Shipowners to Keep Close Watch on Surveys

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

UK Ship in Trouble Baltic: Escorted to Port

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

Vericor Supplies Kockums With Gas Turbines

Vericor Power Systems has supplied Kockums Naval Systems, Karlskrona, Sweden, with two TF50 marine gas turbines and associated equipment for use on two Stockholm-class corvettes owned by the Royal Swedish Navy. The TF50s will replace existing gas turbines and will be part of the Combined Diesel and Gas Turbine (CODAG) systems on the Malmö and Stockholm corvettes. Each TF50 will be rated at 4 megawatts and will drive a controllable pitch propeller through new primary reduction gear.

Composite Technology Agreement Signed

An artist's rendition of the Deepwater Program's Fast Response Cutter (FRC) design concept. (Photo Credit: Northrop Grumman) Northrop Grumman Corporation's Ship Systems sector and Kockums AB and its parent company, Howaldtswerke Deutsche Werft AG (HDW) signed a pact which is an expanded version of an earlier agreement and allows for the continued sharing of composite shipbuilding technologies. The modified contract and an accompanying technology

Dijkstra Wins HISWA Award

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 November. Coming from a racing background, Gerard Dijkstra has been a key player in the revival of the J-class. Other nominees for the award were Henk de Vries of Koninklijke De Vries Scheepsbouw

Port-Evo Proposes Hefty Bangladesh Port Development Investment

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.