Insights

A repudiatory breach of a charterparty allows the innocent party to terminate the contract and claim damages. However, quantifying such damages can give rise to significant difficulties. This is especially true for a time charter for an extended period and when the repudiation takes place early in the contract. A recent arbitration appeal in Glory Wealth Shipping v Korea Line Corporation [2011] EWHC 1819 has helped define the manner in which such damages can be assessed.

In 2001, the Managers implemented their Value for Money (“VfM”) programme, which was introduced to ensure “best practice” was applied to claims handling services, both by the Managers and by third party suppliers. A further aim of the programme was to identify ways of improving and increasing the cost effectiveness of those services.

Many Members will have experienced the consequences of a counterparty entering into creditor protection schemes that are in place in the vast majority of jurisdictions.

Hull fouling is an age old problem for ships subjected to extended stays in warmer waters. Despite the use of modern technology in anti fouling paints it is difficult to avoid marine growth when a ship is stationary for a prolonged period and the Managers continue to see a number of charterparty disputes arising as a consequence of hull fouling.

In this issue: Message from the Managers | AET Inc Ltd v Arcadia Petroleum Ltd, (The “Eagle Valencia”), [2010] EWCA Civ 713