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TOMAC ARBITRAL AWARDS
BILL OF LADING
- TOMAC Arbitral Award in re Voyage Charter of MV "S" (See: "JSE Bulletin 34")
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Delivery of Cargo without Production of B/L
Disputes between Carrier and Charterer under Voyage Charter
Who is Responsible for Demanding Single L/G ?
COMBINED TRANSPORT
- TOMAC Arbitral Award in re CT B/L (See: "JSE Bulletin 34")
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Disputes over Carrier's Liability for Cargo Damages
Time Bar under Combined Transport Bill of Lading
SHIPBUILDING
- TOMAC Arbitral Award in re Termination Agreement of Arbitration Proceedings
(See: "JSE Bulletin 38")
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Non-performance and Delay in Building 3 New Ships
Buyers Brought Arbitration Proceedings Claiming Damages - Agreement Made during Procedure to Withdraw Claims - Whether Agreement Signed under Duress
SHIP SALE
- TOMAC Arbitral Award: The First Ever Arbitration under the SCAP Rules (See: "JSE Bulletin 39")
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Award issued in 2 months for release of deposit under ship sale contract
TIME CHARTER
- TOMAC Arbitral Award in re Time Charter of MV "O" (See: "JSE Bulletin 34")
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Disputes over Lost Deadfreight and Expenses Incurred by Shipper
Claim Arising under Fixture Note for Time Charter
Master's Right to Refuse Additional Cargo for Safe Navigation
- TOMAC Arbitral Award: Dispute over Non-delivery of Vessel on Time Charter (See: "JSE Bulletin 41")
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Vessel needed drydocking for repairs for 7 months due to breakdown of bulkhead during discharge on a previous voyage - Whether charterers entitled to damages - Whether vessel was unseaworthy - Whether master/crew were at fault - Whether owners owed duty to exercise reasonable diligence to deliver vessel before the cancelling date - Whether such duty would extend to previous voyages
- TOMAC Arbitral Award: Disputes over Termination of Time-charter (See: "JSE Bulletin 42")
- Vessel built under strict supply regulations and also on condition of long-term charter - Whether Charter lawfully terminated - Whether good faith and trust violated - Whether charterers pressing by abuse of their dominant position - Measure of damages
VOYAGE CHARTER
- TOMAC Arbitral Award: Dispute over Late Arrival of Cargo onboard Voyage
Chartered Vessel (See: "JSE Bulletin 41")
- Whether owners committed a deviation - Whether date of arrival agreed - Whether owners at fault - Burden of proving that charterers incurred loss by way of damages for late delivery of cargo to consignees - Japanese Carriage of Goods by Sea Act 1992
* For more information, please see "WaveLength"
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