Shipping

Registrability of Sub-freights Lien in charterparties

The case of Diablo Fortune Inc v Duncan, Cameron Lindsay and another* was the first shipping case vis-a-vis ubiquitous lien clause that in similar in [most] charterparties. The Singapore Court of Appeal concluded that liens over sub-freights and sub-hires are floating charges that are registrable. However, the Apex Court deemed that the time was perhaps ripe for Singapore Parliament to review the current position and consider introducing an exeption for liens on sub-freight pertaining to its registrability.** Click here for more.

*[2018] 2 SLR 129; [2018] SGCA 26.**[2018] 2 SLR 129; [2018] SGCA 26

Image source (left): http://www.shipspotting.com/gallery/photo.php?lid=399994, accessed 1 December 2019.

Ship-to-ship (STS) transfer operations: does size matter?

The STS lightering clause in BPVOY4[1] requires prior approval of the owners if charterers (C) need to carry out ship-to-ship transfer operation and such approval is not to be unreasonably withheld by the owners (O). The court below[2] held that the disapproval by O was unreasonable. O appealed. Click here for more. ...

[1] “8.1 Charterers shall have the option of transferring the whole or part of the cargo…to or from any other vessel including, but not limited to, an ocean-going vessel, barge and/or lighter (the “Transfer Vessel”)… All transfers of cargo to or from Transfer Vessels shall be carried out in accordance with the recommendations set out in the latest edition of the “ICS/OCIMF Ship to Ship Transfer Guide (Petroleum)”.[2] Falkonera Shipping Company v Arcadia Energy Pte Ltd [2012] EWHC 3678 (Comm) (The M.T. “Falkonera”).

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