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Shipping

SHIPPING CORPORATION OF INDIA LTD. versus MARE SHIPPING INC.

The vessel fulfilled its contractual obligation by arriving at customary anchorage at Vadinar and tendering Notice of Readiness, thereby starting lay time for demurrage calculation. Responsibility for the inability to safely moor at SBM and costs associated with diversion to Mumbai, including demurrage, lay with the Charterers who nominated the SBM despite knowledge of the vessel's mooring equipment. The parties' contractual agreements (including Addendum and Charter Party clauses) allocated such risks and obligations to Charterers.

Source excerpt

  • Demurrage
  • Charter party
  • Arbitration under arbitration & conciliation act, 1996
  • Notice of readiness
  • Lay time
  • Obligations under charter party
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Shipping

OM SHANKAR BIYANI versus BOARD OF TRUSTEES, PORT OF CALCUTTA AND ORS.

The Board's statutory lien under Section 59 entitles recovery of all port charges and demurrage until goods are cleared, exercise of lien does not stop accrual of demurrage except where Board unreasonably fails to sell goods once permitted by law. Demurrage cannot be claimed after 10th January 1992.

Source excerpt

  • Statutory lien
  • Port charges
  • Demurrage
  • Seizure of goods
  • Duty assessment
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Arbitration

THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. "BALTIC CONFIDENCE" AND ANR. versus STATE TRADING CORPORATION OF INDIA LTD. AND ANR.

Where the Bill of Lading specifically incorporates the arbitration clause from the Charter Party Agreement with clear intent, and such incorporation is neither inconsistent nor insensible, the arbitration clause is binding on parties to disputes under the Bill of Lading.

Source excerpt

  • Arbitration clause incorporation
  • Bills of lading
  • Charter party agreement
  • Stay of suit proceedings
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.