The High Court of Hong Kong issued a Judgment on 21/7/2014, in which some legal principles relating to the in rem jurisdiction of the Court to arrest vessels were explained. [HCAJ 241/2009]
By a Shelltime 4 form Charterparty dated 9/1/2008 (“Charterparty”), Handytankers chartered its motor tanker “BETH” to APOL for five years. Handytankers’ claim as pleaded in the Endorsement of Claim was for damages for breach of the Charterparty and unpaid hire due under it. In breach of clauses 8 and 9 of the Charterparty, APOL had repeatedly failed to pay hire in full and/or on time. In particular:
APOL paid the January 2009 instalment of hire late.
APOL paid the February, March and April 2009 instalments of hire late and only partially.
APOL failed to pay the May and June 2009 instalments of hire altogether.
On 2/6/2009, Handytankers sent APOL an anti-technicality notice pursuant to clause 9(a) of the Charterparty which stated inter alia as follows:
“In default of c/p, you have failed to pay the above hire by the 1/6/2009 deadline. Accordingly, we hereby give you notice under cl 9(a) of the c/p of such default and that we require you to pay that hire together with interest… within seven (7) banking days of receipt of this notice; failing which we shall withdraw the vessel…”
APOL failed to comply with the anti-technicality notice and on 12/6/2009 Handytankers exercised its contractual right of withdrawal by reason of APOL’s repudiatory breaches and brought the Charterparty to an end.
Clause 79 of the Charterparty contained a L.M.A.A. Arbitration clause. The dispute between Handytankers and APOL was referred to arbitration in London. A Final Award in the sums of US$9,238,221.30 by way of damages and US$361,243 for unpaid hire (“Award”) was issued in favour of Handytankers on 1/3/2013. These sums were slightly less than the amounts stated in the in rem Writ ie US$11,311,032.00 for damages and hire in the sums of US$58,508.00 + US$441,375.00 + US$246,681.00.
In April 2014, Handytankers invoked the Court’s in rem jurisdiction by applying for a Warrant of Arrest in respect of the vessel “Dewi Umayi” (“the Vessel”). Handytankers’ claim was that pleaded in the Endorsement of Claim and Handytankers specifically put its claim as one falling under section 12A(2)(h) of the High Court Ordinance, Cap 4 (“Ordinance”) ie a claim “arising out of any agreement relating to …the use or hire of a ship”. While Handytankers obtained the Award on 1/3/2013, it made plain that the arrest of the Vessel was sought for the purpose of providing security for the anticipated judgment in rem in the action in question and not as a means of enforcing the Award.
The owners of the Vessel (“the Owners”) applied by Summons dated 29/4/2014 for orders that the Warrant of Arrest of the Vessel and the re-amended Writ of Summons be set aside and/or struck out on the grounds that the Court had no in rem jurisdiction in respect of Handytankers’ claim and/or that Handytankers had improperly invoked the in rem jurisdiction of the Court. The Owners further sought a Release of the Vessel and damages for her wrongful arrest. The Owners submitted that the proceedings and the arrest of the Vessel were fundamentally in the nature of an application to enforce the Award and in Hong Kong there was no head of Admiralty jurisdiction which permitted Handytankers to enforce a foreign arbitration award as such. The proceedings and the arrest were therefore an abuse of process and ought to be set aside: The Chong Bong [1997] 3 HKC 579; The Bumbesti [2000] QB 559. The Owners further submitted that the procedure of arrest was not available once a plaintiff’s claim had crystallised in a judgment or arbitration award. This was because inter alia in Article 1(2) of the International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships 1952 (“1952 Convention”), “arrest” means “the detention of a ship by judicial process to secure a maritime claim, but does not include the seizure of a ship in execution or satisfaction of a judgment”. The Owners urged the court to construe section 12A(2) of the Ordinance consistently with Article 1 of the 1952 Convention.
It is of course correct that there is no head of Admiralty jurisdiction in Hong Kong for the enforcement of arbitration awards as such. The court’s Admiralty jurisdiction is statutory and the reason why it cannot be invoked in respect of a claim based on an arbitration award is simply that, as a matter of construction, section 12A(2) of the Ordinance is not apt to cover a claim arising out of an arbitration agreement, even though the arbitration agreement is contained in a charterparty or some other agreement relating to the use or hire of a ship: The Bumbesti.
In The Chong Bong, the affidavit leading to the warrant of arrest expressly stated that the writ was issued to enforce an arbitration award and the statement of claim only contained causes of action for an award claim – there was not a line in the statement of claim which could be said to plead a cause of action for a charterparty claim: see [1997] 3 HKC 579, 589A-D. It was on this basis that the court held the award could not be enforced by an action in rem and set aside the service of the writ and the arrest of the ship.
Like the Chong Bong, the cause of action pleaded in The Bumbesti was expressed to be “founded on” an arbitration award: see [2000] QB 559, 565A-B. On that basis, Aikens J held the breach of contract relied on by the claimants to found their Admiralty claim concerned the implied term to fulfil an award made pursuant to the arbitration agreement in the charterparty and had nothing to do with “the use or hire of a ship” which was necessary to found the Court’s Admiralty jurisdiction under section 20(2)(h) of the Supreme Court Act 1981 (“1981 Act”). It is however reasonably clear that Aikens J, following The Rena K [1979] QB 337, considered the Court would have in rem jurisdiction if the claim were to be based on the original cause of action under the charterparty: see 565H and 575C-D of the Judgment.
In The Rena K [1979] QB 337, Brandon J established the principle that a cause of action in rem does not merge in a judgment in personam, but remains available so long as, and to the extent that, the judgment remains unsatisfied, and this principle equally applies to arbitral awards. At 405F-406E, Brandon J explained the law of merger in relation to arbitral awards and causes of action in rem and the so‑called “no bar rule” in the following terms:
“I am prepared to assume, without finally deciding, that, just as a cause of action in personam which is adjudicated upon by an English court merges in the judgment of that court, so also a similar cause of action which is adjudicated upon by an English arbitral tribunal merges in the award of that tribunal. That is the view which is expressed in Spencer Bower and Turner, Res Judicata, 2nd ed. (1969), p. 362, and it appears to be supported at least by Gascoyne v. Edwards (1826) 1 Y. & J. 19, and possibly also by certain other cases to which I was referred. It has, however, been held that a cause of action in rem, being of a different character from a cause of action in personam, does not merge in a judgment in personam, but remains available to the person who has it so long as, and to the extent that, such judgment remains unsatisfied: The Bengal (1859) Swab. 468; The John and Mary (1859) Swab. 471; The Cella (1888) 13 P.D. 82; see also The Sylph (1867) L.R. 2 A. & E. 24 (although this may have turned partly on an express reservation made in the submission to arbitration concerned) and Yeo v. Tatem (The Orient) (1871) L.R. 3 P.C. 696. The situation must, in my view, be the same in the case of an arbitral award, which is likewise based on a cause of action in personam. …. The result is that I accept the argument of counsel for the cargo owners that, if an award should be made against the shipowners and they should be unable to satisfy it, the cargo owners would be entitled to have the stay of the action removed and to proceed to a judgment in rem in it.”
The Rena K was expressly approved by the English Court of Appeal in The Tuyuti [1984] QB 838. At 850C-E, Robert Goff LJ (with whom Ackner LJ agreed) said he found the reasoning of Brandon J persuasive and accepted the Rena K principle as being well founded.
The Rena K and The Tuyuti have been followed in Hong Kongin The Britannia [1998] 1 HKC 221. In that case, Waung J held that the Court had jurisdiction to maintain the arrest of a ship despite the mandatory stay of proceedings under the Arbitration Ordinance, provided that the arrest was for the purpose of providing security for the judgment in the in rem action itself, rather than for an arbitration award and the stay might be lifted because of the defendant’s failure to honour the award. Waung J also expressed the view at 226G that the analysis of the law in The Rena K and The Tuyuti was “obviously correct”.
The Owners submitted that The Rena K had been “irretrievably undermined” by The Indian Grace No. 2 [1998] AC 878. The Judge did not agree. The issue for the Court in The Indian Grace (No 2) was whether the plaintiff, who had obtained a judgment in personam in proceedings in India, was prevented by section 34 of the Civil Jurisdiction and Judgments Act 1982 (“1982 Act”) from pursuing an in rem action in England. The section reads:
“No proceedings may be brought by a person in England and Wales or Northern Ireland on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court of another part of the United Kingdom or in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in England or, as the case may be, in Northern Ireland.”
This turned on whether the Defendants in the in personam proceedings in India and the Defendants in the in rem action in England were “the same parties” for the purposes of section 34. Both the Court of Appeal and the House of Lords held that they were the same so that, after the in personam judgment had been obtained, the in rem action could not be pursued.
In Hong Kong, section 34 of the 1982 Act finds its equivalent in section 5 (1) of the Foreign Judgments (Restriction on Recognition and Enforcement) Ordinance, Cap 46. It reads:
“No proceedings may be brought by a person in Hong Kong on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in Hong Kong”.
Section 5, like section 34, only becomes relevant where there is a judgment of a foreign court. Thus, it cannot possibly affect the rule that an in rem action does not merge in an arbitral award. In the Judge’s view, neither section 5 nor The Indian Grace (No 2) affects the Rena K principle or its application to the case in question.
Handytankers’ claim as pleaded in the Endorsement of Claim was for damages for breach of and for unpaid hire under a Charterparty. It was in substance and in form a claim “arising out of any agreement relating to…the use or hire of a ship” under section 12A(2)(h) of the Ordinance and not a claim on the Award. In the Judge’s view, it was perfectly legitimate for Handytankers to invoke the in rem jurisdiction of the Court to arrest the Vessel and keep her under arrest as security in respect of any judgment which it might obtain after “the hearing and determination of a claim” falling within section 12A of the Ordinance.
Regarding the Owners’ submission that the procedure of arrest was not available once a plaintiff’s claim had crystallised in an arbitral award, the Judge was equally unable to accept it. The submission was contrary to The Rena K line of cases which held that an unsatisfied arbitral award is no bar to a cause of action in rem. If a plaintiff is entitled to pursue its in rem claim notwithstanding the existence of an arbitral award, he must be entitled to invoke the Admiralty jurisdiction of the Court to arrest a vessel as security for that in rem claim.
Regarding the Owners’ submission that the procedure of arrest was not available once a plaintiff’s claim had crystallised in an in rem judgment, it did not assist the Owners in any way since Handytankers had not yet obtained in rem judgment in the action in question. Even that proposition of law, supported as it is by The Alletta [1974] 1 Lloyd’s Rep 40, was of dubious weight – it was not followed by the High Court of Singapore in “The Daien Maru No. 18” [1986] 1 Lloyd’s Rep 387 for good reasons. Arrest of a ship in an action in rem is a mere procedure the object of which is to obtain security from which the judgment can be satisfied: The Beldis (1936) 53 Ll L Rep 255; The Cap Bon supra. Like Thean J, the Judge found it extremely odd that the right of security by the arrest of a vessel was available to a plaintiff who merely asserted a claim whereas it was lost when he finally obtained a judgment in the action.
To conclude, the Judge was of the view that the Court’s in rem jurisdiction had been properly invoked in the case in question. The Owners’ application by Summons dated 29/4/2014 was dismissed.
Please feel free to contact us if you have any questions or you would like to have a copy of the Judgment.
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While the MOL Comfort incident was a disaster widely talked about among forwarders, all who suffered loss without exception will try whatever means to recover their losses down the line wherever the legal regimes permit.
Against the post-Covid tide, we ran an off-line real seminar on Uncollected and Undelivered Cargo on 28 May 2024. Attendance could not be compared with any webinars but the number of enthusiastic questions in the Q&A session reflected the demand for transport liability issue solutions. For the sake of recapitulations and sharing the Q&A among the Chan Advice readership, we like to report the Q&A in two issues. We welcome any other questions you may have on the following.
Cargo Misdelivery The Hong Kong High Court issued a Judgment on 12/1/2016 refusing to grant a shipowner an anti-suit injunction because of the shipowner’s delay in applying for the anti-suit injunction. [HCMP 2399/2015] By an Originating Summons dated 25/9/2015 (“OS”), the owner of the vessel MV Zagora (“Vessel”) applied for an anti-suit injunction against a […]
The Hong Kong High Court issued a decision on 31 May 2022 ordering a South Korean shipowner to provide a Hong Kong shipowner with security for costs in the amount of HK$600,000 in relation to a ship collision case that happened in Hong Kong during the super typhoon Hato in August 2017. [HCAJ 80-85/2019] [2022 HKCFI 1631]
The Hong Kong High Court issued a Judgment on 29/4/2013 relating to a discovery order ancillary to and in support of a Mareva injunction. [HCA 2124/2011]
In the last issue of Chans advice, we reported the case that the Hong Kong Court of Appeal rejected the mortgagee’s appeal against the High Court’s order of granting a stay until 24 April 2019 for the sale of the Vessel Brightoil Glory. On 17 May 2019, the Court of Appeal issued another judgment refusing the shipowners’ appeal in respect of their application for a further stay of the sale of the Vessel until 22 May 2019. [CAMP81/2019] [2019 HKCA 561]
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We have received some enquiries from our forwarder clients about the FCR e.g. what is FCR? How many types of FCR are there? What are the uses of FCR? We would like to discuss these in this issue.
The Hong Kong Court of Appeal issued a Judgment on 9/7/2015 in relation to the High Court Judgment dated 21/7/2014 (reported in our Chans advice/167 dated 28/11/2014). [HCMP 2315/2014]
In Chans advice/191 and Chans advice/206, we reported a case relating to a shipping company’s claim against its former deputy general manager (Mr Ma) over the alleged theft of the company’s money. The Hong Kong High Court on 16 December 2020 sentenced Mr Ma to 15 years’ imprisonment. [HCCC 20/2018] [2021 HKCFI 195]
Remember Chans advice/142 and Chans advice/145 that the High Court of Hong Kong held the forwarder liable for cargo misdelivery without production of original bills of lading? The Court of Appeal of Hong Kong issued a Judgment on 31/1/2013 dismissing the forwarder’s applications for an extension of time to appeal. [HCMP 2366/2012 & HCMP 2367/2012]
The Hong Kong Court of Final Appeal (“the CFA”) issued a Judgment on 10/9/2014 dismissing a cargo owner’s (“the Assured”) cargo insurance claim of US$1,555,209.00 against an insurance company (“the Insurer”) on the ground that the Assured had breached an insurance warranty relating to the carrying vessel’s deadweight capacity. [FACV No. 18 of 2013]
Remember our Chans advice/171 of 31/3/2015 reporting that the Hong Kong Court of Appeal discharged the Mareva injunctions against Hin-Pro? The Hong Kong Court of Final Appeal issued a Judgment on 14/11/2016 reversing the Court of Appeal’s Judgment of 11/3/2015. [FACA No. 1 of 2016]
The District Court of Hong Kong issued a Judgment on 21/4/2011 dismissing a forwarder’s cargo indemnity claim of US$46,201.81 against a trucking company. [DCCJ 2092/2009]
The Hong Kong Court of Appeal issued a Judgment on 4 October 2019 upholding the High Court’s Decision dated 9 April 2018 (reported in our Chans advice/208). [CACV593/2018][2019HKCA1101]
The Hong Kong District Court issued a Decision on 8 May 2020 upholding a summary judgment ordering one forwarder to pay outstanding airfreight charges of HK$440,000 to another forwarder. [DCCJ1202/2018] [2020HKDC307]
The Hong Kong High Court issued a Decision on 22 Feb 2021 holding that the wreck removal claims of a ship sunk were not subject to the Convention on Limitation of Liability for Maritime Claims 1976. [HCAJ 98/2019] [2021 HKCFI 396]
The Hong Kong High Court issued a Judgment on 21/7/2014 discharging a Mareva injunction in relation to a cargo misdelivery claim of about US$12 million. [HCA 2368/2012]
The Hong Kong High Court issued a Judgment on 9/4/2018 dealing with a cargo total loss case in which a NVOC in Malta was wrongly sued (because it had the same name as that of the correct NVOC in BVI). [HCAJ 65/2016], [2018 HKCFI 699]
The Hong Kong Court of Appeal on 1 December 2021 allowed a charterer’s appeal against a High Court’s Decision dated 13 April 2021 (which disallowed the charterer’s charter hire claims of US$234,955 against the shipowner because the High Court was not satisfied the claims were well founded). [CACV 294/2021] [2021 HKCA 1865]
Remember our Chans advice/138 regarding the Hong Kong High Court’s Judgment holding the He Da 98’s owners fully liable in the collision that happened off Shanghai? The Hong Kong High Court issued its Decision on 18/1/2013 dealing with the damages to be paid to the Pontodamon’s owners. [HCAJ 200/2007]
The Ningbo Maritime Court issued a Judgment on 25/5/2016, and dismissed a cargo insurer’s (PICC Ningbo) recovery claim of USD25,238.40 against Mitsui O.S.K. Lines Ltd (“MOSK”) in relation to the vessel MOL Comfort sinking into the Indian Ocean on 17/6/2013.
The Hong Kong High Court issued a judgment on 12/4/2016 to dismiss a cargo owner’s action in respect of breaking a barge owner’s tonnage limitation. [HCAJ 178/2014]
The VGM laws have come into operation in Hong Kong since 1/7/2016. They are mainly contained in Section 3 and Section 3A of the Merchant Shipping (Safety) (Carriage of Cargoes and Oil Fuel) Regulation (Chapter 369AV) as follows:
The High Court of Hong Kong issued a Judgment on 26/8/2011 to determine which ship to blame in a collision case that occurred at Shanghai. [HCAJ 200/2007]
Remember Chans advice/142 dated 31/10/2012 that the High Court of Hong Kong held the forwarder liable for cargo misdelivery without production of original bills of lading? The High Court of Hong Kong issued another Judgment on 4/12/2012 dealing with the interest and costs. [HCCL 20/2011 & HCCL 21/2011]
The Court of Appeal of Hong Kong issued a judgment on 28 March 2019 dealing with a matter concerning the sale pendente lite of an oil tanker Brightoil Glory. [CAMP49/2019][2019HKCA395]
The Hong Kong High Court on 13/8/2013 held a shipper liable to a shipping company for paying demurrage of US$1,645,286.74 plus interest and costs. [HCAJ 166/2011]
The Hong Kong High Court issued a Judgment on 3/2/2017 holding Natural Dairy liable to pay HK$4,360,948.38 to Schenker being the outstanding freight charges. In the Judgment, the Judge also explained the principles regarding the meaning of notice of the forwarder’s standard trading conditions. [HCA 1755/2011].
The Hong Kong High Court issued a Judgment on 22/8/2016 dealing with a case that a forwarder wanted to strike out a cargo misdelivery claim on the ground that the claim disclosed no reasonable cause of action. [HCCL 5/2015]
The 12th annual SMIC seminar on uncollected cargoes pulled some 300 participants to attend with much curiosity for 3 hours in the YMCA Assembly Hall. The accumulated questionmarks and enigmas about the subject matter lurking in the trade were unleashed among the audiences.
According to the Hague-Visby Rules, the carrier shall be discharged of all liability in respect of the cargoes unless suit is brought within one year of their delivery or the date when they should have been delivered. The English High Court issued a Judgment on 22nd July 2025 explaining the meaning of “suit”. [2025 EWHC 1878 (Comm)]
The Hong Kong High Court issued a Decision on 13 May 2021 to deal with an interpleader action concerning the stakeholding of US$700,000 in relation to a dispute over some management fees between two transport operators. [HCMP510/2020] [2021 HKCFI 1373]
We have received a lot of cargo claims from our forwarder clients in the recent months. In this issue, we would like to discuss in general how the forwarders should handle the cargo claims.
More and more junior staff of the banks insist all the Bills of Lading to be signed and issued with the above remark “As agent for the Carrier”. This is of course right if the concerned Carrier does not have its own office in the place of issuing the Bill of Lading and therefore instruct its agent there to issue the Carrier’s Bill of Lading.
The English Court of Appeal issued a Judgment on 13/12/2017 dealing with a cargo damage claim of EUR2,654,238 and a charter hire claim of USD1,012,740 in connection with a NYPE charterparty. [2017 EWCA Civ 2107] [2017 WL 06343564] [Case No. A3/2016/4770]
As reported in our Chans advice/170 dated 27/2/2015, the English High Court on 14/10/2014 held CSAV’s bill of lading’s English jurisdiction clause as an exclusive jurisdiction clause. On 23/4/2015, the English Court of Appeal issued its Judgment reaching the same conclusion. [Neutral Citation No: 2015 EWCA Civ 401, Case No: A3/2014/3584]
In the transport industry, the contracts of carriage (e.g. Bills of Lading, Air Waybills) usually contain an exclusive jurisdiction clause for settling disputes. However, it is not uncommon that the shippers and consignees sue the transport operators in a court other than the one specified in the exclusive jurisdiction clause. In Hong Kong, the transport operators may rely on the Foreign Judgments (Restriction on Recognition and Enforcement) Ordinance to tackle this kind of situation.
The Hong Kong High Court issued a Decision on 29 January 2019 dismissing Changhong Group’s application for stay of the legal proceedings against it brought by the consignee and the insurer of the cargo on board the Sanchi. [HCAJ6/2018, 2019HKCFI263]
Our Chans advice/191 reported a Hong Kong High Court’s case concerning a shipping company’s restitution claim against its former deputy general manager (Mr Ma) for HK$387,655,303.70. The latest development of this case is: the Hong Kong High Court issued a Judgment on 1/2/2018 and a Decision on 9/2/2018 holding that Mr Ma was in contempt of Court as a result of his breach of a Mareva Injunction Order and that he be committed to prison for 4 months. [HCMP1115/2017] [2018 HKCFI176] [2018 HKCFI328]
In this issue, we would like to continue with the case (CSAV v Hin-Pro) mentioned in our monthly newsletter of Chans advice/169 two months ago. The Hong Kong Court of Appeal issued its Judgment on 11/3/2015 discharging the Mareva Injunctions and the receivership orders granted by DHCJ Saunders against Hin-Pro and Soar. [CACV 243/2014]
The Hong Kong High Court issued a Judgment on 22/11/2013 concerning an unless order in relation to a freight forwarder’s claims for outstanding freight charges of HK$4,427,336. [HCA 1755/2011]
The Hong Kong High Court issued a Judgment on 24/11/2015 dealing with a mandatory injunction and specific performance in respect of a letter of indemnity in connection with a delivery of cargo without production of the original bills of lading. [HCCL 12/2015]
The Hong Kong Court of Appeal issued a Judgment on 17/7/2014 holding a Hong Kong forwarder liable to pay US$852,339 plus costs and interest (as damages for conversion) to an Indian bank in an air cargo misdelivery case. [CACV 282/2012]
In Chans advice/215, we reported the High Court of Hong Kong refused Changhong Group’s application to stay the Hong Kong action. The Court of Appeal also subsequently dismissed Changhong Group’s appeal. On 13 July 2020, the Court of Final Appeal finally dismissed Changhong Group’s application for leave to appeal. [FAMV No. 34 of 2020] [2020 HKCFA 24]
Following the issue of Chans advice last month, we would like to report the latest decision issued by the court over this theft case. On 17 January 2023, the Hong Kong High Court dismissed Mr Ma’s application to withdraw HK$1.5 million out of his frozen assets for paying the legal costs for his appeal against conviction in theft. [HCA 619/2016] [2023 HKCFI 197]
Remember our Chans advice/163 about the English High Court’s Judgment holding the Hague Visby Rules instead of the Hague Rules to apply to the cargo damage claim case in excess of US$3.6 million? The English Court of Appeal issued a Judgment on 24/2/2016 upholding the High Court’s conclusion but with different reasons. [Case No: A3/2014/1285, 2016 EWCA Civ 101, 2016 WL 00692394]
The Hong Kong District Court issued a Judgment on 26 April 2022 dealing with a case concerned with transfer of business and lifting the corporate veil, and held a forwarder and its shareholder and director jointly and severally liable for a debt of HK$975,733.71. [DCCJ 2104/2019] [2022 HKDC 289]
The limit of liability for international carriage of cargoes by air under the Montreal Convention has been revised from 19 SDR/Kg to 22 SDR/Kg of the gross weight of the cargoes effective from 28 December 2019. We have received many enquiries from freight forwarders about changing their house Air Waybills’ terms to cope with the new limit of liability. We would like to take this opportunity to discuss some essential terms in house Air Waybills.
Following the Hong Kong Court of Appeal’s Judgment dated 11/3/2015 discharging the Mareva Injunctions and the receivership orders (mentioned in our monthly newsletter of Chans advice/171 two months ago), the Hong Kong High Court issued a Judgment on 12/5/2015 to determine the question of who should pay the remuneration to the receivers. [HCMP 1449/2014]
In the issue of our Chans advice last month, we talked about the major provisions of the Montreal Convention (which is for the international carriage of goods by air). In this issue, we would like to discuss the major terms of an equally important international convention for the international carriage of goods by sea, viz. the Hague Visby Rules.
The Hong Kong High Court issued a Judgment on 25/8/2017 to determine whether the Hong Kong Court or the Yangon Court was the natural and appropriate forum in an in rem legal proceedings in relation to a cargo damage claim of USD143,852.02. [HCAJ 101/2015]
The Hong Kong High Court issued a Decision As To Costs on 5 December 2024 ordering a shipowner (which lost in an anti-suit injunction court case) to pay the winning party’s (a cargo owner) costs on an indemnity basis. HCCT 66/2024 [2024 HKCFI 3511]
The Hong Kong Court of Appeal issued a Judgment on 12/2/2018 to deal with the cargo owners’ seeking leave to appeal against the High Court’s Judgment reported in our Chans advice/209 last month. [CAMP 38/2017] [2018 HKCA77]
The Hong Kong High Court issued a Judgment on 11 January 2019 dealing with a dispute of US$335,858.31 between a bunker supplier and a ship agent. [HCA119/2015] [2019HKCFI57]
The Hong Kong District Court issued a Decision on 30 April 2021 dealing with a personal injury case in relation to a container terminal. [DCPI 110/2020] [2021 HKDC 463]
The Hong Kong High Court issued a Judgment on 23/12/2013 dealing with an application for security for costs in relation to a ship sinking case. [HCAJ 213/2009]
The Hong Kong High Court issued a Judgment on 11/12/2013 holding that a Hong Kong plaintiff needed to put up a security for costs in a court case concerning a yacht sinking incident. [HCCL 5/2013]
The High Court of Hong Kong issued a Decision on 21/9/2017 dealing with the principles in respect of the real risk of dissipation of assets in a case of Mareva Injunction involving a shipowner and a charterer. [HCMP 1010/2017]
Are Standard Trading Conditions (“STC”) equivalent to the House Bill of Lading (“HB/L”) terms or the House Air Waybill (“HAWB”) terms? We have been frequently asked this question by our forwarder clients.
The Hong Kong High Court issued a decision on 11/9/2013 concerning a shipowner’s application to extend the validity of a writ of summons against a Taiwan hull and machinery insurer. [HCAJ 95/2012]
The High Court of Hong Kong issued a summary Judgment on 28/9/2012 holding a forwarder liable for US$626,389 plus costs and interest for misdelivery of cargoes without production of the original bills of lading. [HCCL 20/2011 & HCCL 21/2011]
The High Court of Hong Kong issued a Decision on 31/8/2018 concerning a feeder company’s claim against a shipping company’s lawyer for wasted costs. [HCA1919/2016] [2018HKCFI1879]
The Hong Kong High Court on 18/11/2011 issued a Judgment concerning a quite confusing situation that three different laws (the USA, the PRC, and Hong Kong) might apply to the one shipment. [HCAJ 198/2009]
The English Commercial Court issued a Judgment on 7/11/2012 holding a carrier liable for US$458,655.69 owing to its issuing 13 clean Bills of Lading for a consignment of steel pipes which had some pre-shipment damage. [2012 EWHC 3124 (Comm)]
The High Court of Hong Kong issued a Judgment on 22/5/2017 holding that the District Court has jurisdiction to determine bill of lading and bailment cases. [HCAJ 150/2014]
The Hong Kong District Court issued a Judgment on 28/4/2014 dismissing a seller’s cargo misdelivery claim of US$122,302.80 against a freight forwarder and holding the seller liable to pay the outstanding freight charges of US$28,855 to the forwarder. [DCCJ 344/2010]
This continues the Q&A in our off-line real seminar on Uncollected and Undelivered Cargo on 28 May 2024. Participants were keen to know more about seaway bills, how war plays in insurance? How modes of transport differ mis-delivery claims handling? What is insurers’ attitude towards transloading claims? And finally, why mis-delivery and uncollected cargo claims deserve special attention. SMIC deals with similar questions daily. Each case varies in its cause, and therefore healing recipe differs. But if you are conversant with fundamentals. They could be simple.
The Hong Kong District Court issued a Judgment on 8/4/2014 holding that the one year’s suit time limit under the Hague Visby Rules does not apply to the carrier’s claims against the shipper. [DCCJ 4438/2013]
The Hong Kong High Court issued a ruling on 2/12/2016 dealing with a shipowner’s interrogatory application in relation to an uncollected cargo case. [HCAJ 118/2015]
The High Court of Hong Kong issued a Judgment on 4/5/2012 explaining some legal principles as to when shipowners should fear the arrest of their ships. [HCAJ 141/2010]
The Hong Kong Court of Appeal issued a Judgment on 20 September 2019 declining to give leave of appeal to Changhong Group in relation to the High Court Decision dated 29 January 2019 (reported in our Chans advice/221). [CAMP197/2019] [2019HKCA1061]
The High Court of Hong Kong issued a Judgment on 3/2/2012 concerning which currency (US$ or Euro) should be the proper one for the cargo owners in a shipment to claim against the forwarder for compensation in a cargo damage case. [HCAJ 152/2010]
The PRC Supreme Court on 26/11/2015 issued a Judgment holding a shipping company’s container demurrage claim against a shipper time barred. [2015民提字第119號]
On 5/8/2011, the District Court of Hong Kong dismissed a shipping company’s container claims against a forwarder for want of prosecution and abuse of process. [DCCJ 765/2005]
The Hong Kong High Court issued a Decision on 11 May 2021 staying a South Korea container terminal’s legal action in Hong Kong with respect to its allision claims of more than US$90,000,000 against the owners of a container ship. [HCAJ 31/2020] [2021 HKCFI 1283]
The Hong Kong High Court issued a Judgment on 18/11/2016 dismissing a shipping company’s application for summary judgment against its former deputy general manager (Mr Ma) for restitution of the sum of HK$387,655,303.70 on the ground of money had and received and/or unjust enrichment. [HCA 619/2016]
