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TOMAC ARBITRAL AWARDS

BILL OF LADING

TOMAC Arbitral Award in re Voyage Charter of MV "S" (See: "JSE Bulletin 34")
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")
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")
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")
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")
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")
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

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