Maritime insights and claims intelligence from Singapore
In the FIM Bank p.l.c v KCH Shipping Co. Ltdi, the English Court of Appeal upheld the decision of the first instance judge confirming that the time bar provision in Article III Rule 6 of the Hague Visby Rules (“HVR”)…
Following a casualty, a vessel may need to be repaired to continue with the voyage. Invariably, some of the costs incurred during repairs of the vessel would fall for consideration under a General Average (“GA”), if declaredi. Owners may sometimes…
Both Operators involved in voyage charters and Liner Operators provide services in return for payment of freight. Issues do commonly arise, particularly, when cargo interests refuse to pay freight or pay a reduced freight due to either damage to cargo…
We recently came across this article, Does the Bill of Lading truly afford securityi, and which highlights the issues related to mis-delivery of cargo. Since then, there have been other cases decided both at the UK and Singapore courts and…
The English Parliament recently legislated the Electronic Trade Documents Act so as to allow for electronic documents including Electronic Bills of Lading to be legally recognised. Other countries, such as Singapore, had earlier legislated the Modern Law on Electronic Transferable…
The basic rule is that a contract is meant to be performed. It does not matter that the contract has become more difficult or expensive to performi. A key exception to this basic rule is frustrationii. Accordingly, an Owner of…
Background: THE SAFIR 1, a container vessel owned by Safeen Feeders 30 Ltd, whilst on charter loaded containers at Nhava Sheva and then sailed to Mundra for both discharge and loading of containers. On 22nd Feb 2023 after loading of…
In our earlier article, The Ever-Given Mela – IIi, we mentioned that the appointed Average Adjusters collected GA Guaranteesii from insured cargo interests which incorporated a LMAA arbitration. With respect to the wordings of the GA Bond sought from the…
Liability of a Freight Forwarder / NVOCC for a General Average: We had the opportunity to attend a webinar on “Simplifying General Average: An Insurer Guide” conducted on 11th May 2023 by the Middle East branchi of the Institute of…
The recent English Court of Appeali judgement has clarified the scope of cover in a cargo policy in that if the Insured could show some interest in the property insured, they would be entitled to recover even if they were…
Letters of Indemnity are commonly used in the Shipping Industry for discharge and delivery of cargo without Bills of Lading (“Bs/L”), change of discharge port and/or cargo details and for payment without shipping documents. Kennedys Singapore recently conducted a seminar…
There is very little literature on this class of business (loss of hire), at least on the English forms, except for perhaps the Chairman of the Association of Average Adjuster’s Addresses in 2012i and the recent presentation of Mr. Rui…