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"Seagate Shipping Ltd v Glencore International A.G": Commercial Court Decision On Charterparty Dispute.

Publication: Mondaq Business Briefing
Publication Date: 14-AUG-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Those not in the coal and iron ore market may not be familiar with RightShip. This is a ship approval system set up in 2001 and maintained by BHP Billiton, Rio Tinto Shipping and Cargill Ocean Transportation. It vets ships by identifying those suitable for the carriage of iron ore or coal and rates them into various categories defined by their risk profile. Many major shippers in the dry cargo shipping market have come to regard RightShip approval as necessary so that trading without it is now limited in the iron ore and coal industries.

The question arises however whether such approval remains a commercial desirability or necessity, or whether it has become to all intents and purposes compulsory and akin to a legal requirement. In the recent case of "Seagate Shipping Ltd v Glencore International A.G" [2008] EWHC 1904 Comm, Mr....

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