Sugar charter party 1999
Voyage charter – Laytime and demurrage – Sugar Charter Party 1999 Form – Clause 28 “Strikes And Force Majeure” exceptions – Seizure of cargo on board 13 Feb 2015 When the shipowner choses to rescind charter it will be irrelevant whether or provisions in Clause 28 of the "Sugar Charter Party 1999" 10 ? Cereal Investments Company SA v ED&F Man Sugar Ltd [2007] EWHC 2843 ( Comm) (7 Terms of charter party were contained in a fixture recap on the Shelltime 4 form. In December 1999, R&L had ceased to be members of the insurer. Clause 28 of the Sugar Charter Party 1999, whilst labelled a force majeure provision, in reality operates as a standard exceptions clause. So long as the party relying on it can bring itself within the exception, there is no additional requirement of extraordinariness or unforeseeability; Sugar Charterparty 1999 A monumental revision Swedish Club The BIMCO Secretariat was approached in 1995 by the Refined Sugar Association of London requesting BIMCO’s assistance in reviewing some of the clauses in the Sugar Charterparty 1969 (as revised 1977). Sugar Charterparty 1999 A monumental revision The BIMCO Secretariat was approached in 1995 by the Refined Sugar Association of London requesting BIMCO’s assistance in reviewing some of the clauses in the Sugar Charterparty 1969 (as revised 1977). Clause 28 of the Sugar Charter Party 1999, whilst labelled a force majeure provision, in reality operates as a standard exceptions clause. So long as the party relying on it can bring itself within
voyage charter: laytime & demurrage: sugar charter party 1999 form: clause 28 “strikes and force majeure” exceptions: seizure of cargo on board vessel after presentation of false documents to customs at discharge port: meaning of “government interferences”: appeal on a question of law pursuant to section 69 of the arbitration act 1996
Side letters are legally not so important as addenda. (Some charter parties, such as SUGAR CHARTER 1999, are sometimes accused of being biased.) Numerous charter party forms are in use for different trades and purposes. The use of an “off-the-shelf” form which has been carefully drafted, “Government interference” and laytime under the 1999 Sugar Charterparty. In Sucden Middle-East v Yagci Denizcilik Ve Ticaret Ltd Sirketi (The MV Muammer Yagci)[2018] EWHC 3873 (Comm) the Court heard an appeal from an arbitral decision on the following point of law. The demurrage dispute was referred to arbitration. The charterers said that the time lost as a result of the seizure did not count as laytime or time on demurrage. They relied upon clause 28 of the Sugar Charter Party 1999, which states (with the relevant words emphasised): “STRIKES AND FORCE MAJEURE Select 10 - The Sugar Association of London (SAL) and The Refined Sugar Association (RSA) Select 4 - Sugar Charter-Party 1999. Book chapter Full text access. 4 - Sugar Charter-Party 1999. Pages 1-16. Select 5 - Sugar No. 14 Rules. Book chapter Full text access. 5 - Sugar No. 14 Rules. Clause 28 of the Sugar Charter Party 1999 reads as follows: In the event that whilst at or off the loading place or discharging place the loading and/or discharging of the vessel is prevented or delayed by any of the following occurrences: strikes, riots, civil commotions, lockouts of men, accidents and/or breakdowns on railways, stoppages on Rosie Goncare talks about the meaning of the term 'Government interferences' under the Sugar Charter Party 1999 form. In the present case a unanimous decision by highly respected LMAA arbitrators
Side letters are legally not so important as addenda. (Some charter parties, such as SUGAR CHARTER 1999, are sometimes accused of being biased.) Numerous charter party forms are in use for different trades and purposes. The use of an “off-the-shelf” form which has been carefully drafted,
Rosie Goncare talks about the meaning of the term 'Government interferences' under the Sugar Charter Party 1999 form. In the present case a unanimous decision by highly respected LMAA arbitrators
burden of proof in a demurrage exception clause in a Sugar Charter-party 1999 Form. ED & F Man Sugar Ltd (the “Charterers”) appealed to the Court of Appeal submitting that as a result of the fire occurred in Paranagua Terminal, the machinery no longer functioned as a conveyor-belt system and Owners were not entitled to claim for
16 May 2019 The Commercial Court recently handed down a significant judgment on the interpretation of Clause 28 of the Sugar Charter Party 1999 and the under the Sugar Charter Party 1999. Charterers will want to know: may they cancel the charterparty and, if not, will they be liable for demurrage? The relevant 1 Aug 2001 Unless otherwise stated in the contract laytime at discharge shall commence in accordance with the Sugar Charter-party 1999. 117. (a). 16 Mar 2019 to discharge, is the time so lost caused by 'government interferences' within the meaning of clause 28 of the Sugar Charter Party 1999 form? (Some charter parties, such as SUGAR CHARTER 1999, are sometimes accused of being biased.) Numerous charter party forms are in use for different trades and Government interferences and laytime under the Sugar Charter Party 1999 – Simon Rainey QC and Andrew Carruth. Tue, 19 March, 2019. Sucden Middle- East 28 Mar 2019 The vessel “MUAMMER YAGCI” was chartered under a Sugar Charterparty 1999 to carry a consignment of sugar to Annaba, Algeria. Problems
The demurrage dispute was referred to arbitration. The charterers said that the time lost as a result of the seizure did not count as laytime or time on demurrage. They relied upon clause 28 of the Sugar Charter Party 1999, which states (with the relevant words emphasised): “STRIKES AND FORCE MAJEURE
28 Mar 2019 The vessel “MUAMMER YAGCI” was chartered under a Sugar Charterparty 1999 to carry a consignment of sugar to Annaba, Algeria. Problems 19 Dec 2012 Waiting matters: Laytime exceptions under Sugar charterparty clause such as clause 28 of the Sugar Charterparty 1999 form which provides:. A charterparty (sometimes charter-party) is a maritime contract between a shipowner and a "charterer" for the hire of either a ship for the carriage of passengers
10 May 2019 A Sticky Situation: The Sugar Charter Party 1999, “Government Interference” and Force Majeure. Written by Nick Austin and Jonathan Cockerill.