614 results:

Arbitrating Commission Claims

THE CLUB has been making increasing use of developments in English law that allow ship brokers to use arbitration to collect unpaid commission. In Nisshan Shipping Co. Ltd v Cleaves & Co., the…

Three cases of North and South

THE CLUB recently handled two claims where the error involved a mistake by an agent over whether the ship or cargo should proceed in a north or southbound direction. The third claim in this section…

Steel pipes & oil tanks

THE CLUB has dealt with a number of recent claims involving surveyors. One surveyor was instructed to oversee the lashing of steel pipes. Unfortunately, the pipes were damaged on the voyage. The…

The use of instant messages...

The use of e-mail messages has been featured in previous ITIC publications. In the 2002 edition of the Intermediary the subject of Instant Messenger Systems, such as AOL, Yahoo and MSN Messenger, was…

No principals

A ship broker received an approach from a Chinese broker regarding the possibility of fixing ships to carry steel cargoes on behalf of a well-known local steel mill. The ship brokers approached the…

Wrong test used

In many trade contracts, where the specification of the product is important, buyers and sellers will often agree that the quality will be determined by an independent expert and that the expert's…

Wrong terms

A forwarder included "all shipments subject to the CMR Convention” in a written booking with a ship agent for line haulage. The agent failed to spot this note and appointed a haulier who…

Wrong ship

The principal of a ship manager had taken delivery of a number of new buildings. Some of the ships were subject to a “sale and charter back” agreement. The principal had indicated he would consider…

Who is the agent's principal?

An English port agent was nominated by a charterer with whom they did significant amounts of business. The agent was instructed by the charterer to release a steel cargo without production of the…

Wrong form

A surveying company recruited a senior staff member from a rival who brought a major client to his new firm. The surveyor used an existing reporting format. Shortly after the surveyor started his new…