Shipping Newsletter - July 2014

Expert legal advice in uncertain waters

Written by legal experts, Clyde & Co's Shipping Newsletter is a regular publication which covers recent legal developments within the sector.

In this issue:

"LNG GEMINI" - "Cargoes Injurious to the Vessel" charterparty clause examined - American Overseas Marine Corporation v Golar Commodities Limited "LNG GEMINI" [2014] - by Hatty Sumption and Dolly Brown "BULK URUGUAY" - Charterers fail to establish anticipatory breach of contract - Geden Operations Ltd v Dry Bulk Handy Holdings Inc. (The "BULK URUGUAY") [2014] - by Iain Rowlands General average adjustments: Importance of LOU security wording - St. Maximus Shipping Co. Ltd v A.P. Moller-Maersk A/S [2014] - by Chris Moxon The "ASTIPALAIA" - VLCC loss of earnings following a collision - Owners of the ship "ASTIPALAIA" v Owners and/or demise charterers of the ship "HANJIN SHENZEN" [2014] - by Victoria MacGregor Port terminal and shipowners dispute liability for crane damage - Terminal Contenitori Porto di Genova Spa v China Shipping Container Lines Ltd [2014] - by Jason Barnes UAE - Ship arrests in the UAE and recent developments - by Khurram Ali What's new?

Fulton Shipping Inc. v Globalia Business Travel S.A.U. (The "NEW FLAMENCO") - by Elizabeth Turnbull and Marcia Perucca Court of Appeal ruling in The "FALKONERA" - by Hatty Sumption and Peter Ward Court of Appeal defines scope of "Charterers' agent" in an off-hire clause - by Ed Webb-Mills and Dolly Brown China's new Enterprise Income Tax regulation and its impact on international transportation business - by Ik Wei Chong, Samuel Yang and Kirsty Gow China: Validity of mortgages established on vessels owned by company in bankruptcy - by Ik Wei Chong and Leslie Shen China: Financial leasing contracts in China - an update - by Ik Wei Chong and Leslie Shen Sanctions update: EU and US announce new measures - by Michael Swangard and Doug Maag Record US sanctions penalties against BNP Paribas - by Doug Maag Ukraine sanctions: EU lists two Crimean companies and 13 further individuals - by Michael Swangard and Rupert Gordon The "LNG GEMINI" - "Cargoes Injurious to the Vessel" charterparty clause examined

Hatty Sumption and Dolly Brown

In the context of an LNG timecharter, the Commercial Court considered in American Overseas Marine Corporation v Golar Commodities Limited "LNG GEMINI" [2014] the interpretation of an Injurious Cargoes clause commonly found in the standard Shelltime form.

The clause in question reads as follows:

Clause 30

"No acids, explosives or cargoes injurious to the Vessel shall be shipped and without prejudice to the foregoing any damage to the Vessel caused by the...