TUYỂN TẬP ÁN LỆ VỀ HỢP ĐỒNG THUÊ TÀU CHUYẾN _ GS.TS ĐỖ HỮU VINH

England E.D. & F. Man Sugar Ltd v Unicargo Transportgesellschaft mBh English High Court (Commercial Court): Eder J: [2012] EWHC 2879 (Comm): 23 October 2012:[1]] CHARTERPARTY: LAYTIME AND DEMURRAGE: DESTRUCTION OF CONVEYOR-BELT SYSTEM AT LOADING PORT BEFORE FIXTURE: DELAY IN BERTHING: NO OBLIGATION ON CHARTERERS TO NOMINATE A SECOND BERTH: DESTRUCTION DID NOT CONSTITUTE MECHANICAL BREAKDOWN: ACT OF STATE-SPONSORED PORT AUTHORITY IN ORDINARY COURSE OF CARRYING OUT PORT OR ADMINISTRATIVE FUNCTIONS DID NOT FALL WITHIN EXCEPTION OF GOVERNMENT INTERFERENCE DMC/SandT/12/24 England Carboex SA v Louis Dreyfus Commodities Suisse SA English Court of Appeal: Lord Neuberger MR, Moore-Bick and Toulson LJJ: [2012] EWCA Civ 838: 19 June 2011:[[2]] DEMURRAGE: CALCULATION OF LAYTIME: STRIKE EXCEPTION: STRIKE CAUSING CONGESTION AT PORT AND CHARTERED VESSELS DELAYED FROM BERTHING AS A RESULT: PERIOD OF DELAY TO BE DISCOUNTED FROM CALCULATION OF LAYTIME SO LONG AS STRIKE WAS THE EFFECTIVE CAUSE OF DELAY DMC/SandT/12/22 Australia 1. Jebsens International (Australia) Pty Ltd and Anor v Interfert Australia Pty Ltd and Ors (2011) 112 SASR 297, 25 August 2011 (Anderson J) 2. Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd [2012] FCA 696, 29 June 2012 (Foster J):[[3]] WHETHER VOYAGE CHARTERPARTY A "SEA CARRIAGE DOCUMENT" FOR PURPOSES OF S.11 AUSTRALIAN CARRIAGE OF GOODS BY SEA ACT 1991 DMC/SandT/12/10 England Progress Bulk Carriers Limited v Tube City IMS LLC (The “Cenk Kaptanoglu”) English Commercial Court: Cooke J: [2012] EWHC 273 (Comm): 17 February 2012:[[4]] VOYAGE CHARTERPARTY: ARBITRATION ACT 1996 SECTION 69 APPEAL: WHETHER SETTLEMENT AGREEMENT VOIDABLE FOR DURESS: WHETHER OWNERS’ CONDUCT, ALTHOUGH NOT ILLEGAL, AMOUNTED TO “ILLEGITIMATE PRESSURE” DMC/SandT/12/03 England Emeraldian Limited Partnership v Wellmix Shipping Limited and Guangzhou Iron & Steel Corporation Limited (The “Vine”) English Commercial Court: Teare J: [2010] EWHC 1411 (Comm): 17 June 2010:[[5]] VOYAGE CHARTERPARTY: WHETHER VESSEL’S OBLIGATION TO OBTAIN CLEARANCE BY PORT AUTHORITIES BEFORE GIVING NOTICE OF READINESS WAIVED FOR PURPOSE OF COMMENCEMENT OF LAYTIME: WHETHER CHARTERERS COULD RELY ON EXCEPTIONS TO RUNNING OF LAYTIME: WHETHER CHARTERERS IN BREACH OF SAFE PORT WARRANTY: WHETHER DEMURRAGE RECOVERABLE FOR DETENTION OF VESSEL DMC/SandT/11/26 England National Shipping Company of Saudi Arabia v BP Oil Supply Company English Court of Appeal: Ward and Tomlinson LJJ and Sir Mark Potter: 12 October 2011: [2011] EWCA Civ 1127:[[6]] VOYAGE CHARTERPARTY: BPVOY4: DEMURRAGE CLAIMS TO BE PRESENTED WITH FULL DOCUMENTATION WITHIN 90 DAYS OF COMPLETION OF DISCHARGE: FINAL SETTLEMENT OF CLAIM: WHETHER MIS-DESCRIBED FURTHER DEMURRAGE CLAIM TIME-BARRED: COST OF BUNKERS CONSUMED FOR RE-BERTHING DMC/SandT/11/21 England Carboex SA v Louis Dreyfus Commodities Suisse SA English High Court: Queen's Bench Division (Commercial Court): Field J.: [2011] EWHC 1165 (Comm: 12 May 2011: [[7]] AMWELSH CHARTERPARTY: DEMURRAGE: EXCEPTION OF STRIKES: WHETHER DELAY IN DISCHARGE ARISING FROM CONGESTION CAUSED BY STRIKES EXCEPTED FROM LAYTIME DMC/SandT/10/10 Singapore High Court The “Asia Star”[2009] SGHC 91 [[8]] Judgment delivered by Judith Prakash J, 17 April 2009 [2009] SGHC 91 BREACH OF CONTRACT TO CARRY CARGO: WHETHER PLAINTIFF ACTED REASONABLY IN MITIGATION OF LOSS: PLAINTIFF NOT REQUIRED TO INCUR EXTRAORDINARY EXPENSE OR TO DO ANYTHING OTHER THAN IN THE ORDINARY COURSE OF BUSINESS IN ORDER TO MITIGATE LOSS: MEASURE OF DAMAGES FOR BREACH OF CONTRACT TO CARRY CARGO