Maritime insights and claims intelligence from Singapore
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…
Container shipments may be delayed due to various reasons, and which could include vessel arriving at the load port much after the ETA. delays during transshipment due to delayed arrival of vessel, congestion, work stoppages, etc. cargo not loaded or…
The Institute Cargo Clauses (1/1/82 & 1/1/09), the Institute Time Clauses Hulls (1/10/83 & 1/11/95) and the International Hull Clauses 2003 provide cover for “… loss of or damage to the subject matter insured…”. Comparatively, the cover provided by various…
We were invited by the Gujarat Maritime Universityi to participate in a webinar conducted on 20th Dec 2022 on “The Role of General Average in the Maritime Industry” . During the talk, one of the participants enquired on “the courts…
The English High Court recently held in FIM Bank PLC v KCH Shipping Co., Ltd (“FIM Bank v KCH”)i that the one-year time limit for cargo claims provided in the Hague-Visby Rules also applied for mis delivery claims. The Bills…
The recent Marine Brief of Kennedysi provided an update of a Australian judgement (MV Dijksgracht) which touched on the application of the Hague Visby Rules (“HVR”). In the MV Dijksgracht, the Australian COGSA would have applied if a negotiable document…