South African Maritime Law

Forrest, Craig (2012) South African Maritime Law. Lloyd's Maritime and Commercial Law Quarterly, 2012 185-195.

Attached Files (Some files may be inaccessible until you login with your UQ eSpace credentials)
Name Description MIMEType Size Downloads
Author Forrest, Craig
Title South African Maritime Law
Journal name Lloyd's Maritime and Commercial Law Quarterly   Check publisher's open access policy
ISSN 0306-2945
ISBN 1859789781
Publication date 2012
Year available 2012
Sub-type Article (original research)
Volume 2012
Start page 185
End page 195
Total pages 11
Editor Francis Rose
Place of publication London, UK
Publisher Informa
Collection year 2013
Language eng
Formatted abstract
South African Maritime Law Craig Forrest * 320. Chevron South Africa (Pty) Ltd v Unical Calulo Bunker Services (Pty) Ltd 1 Arbitration—extension of time—Hague-Visby prescription rule Chevron South Africa (Pty) Ltd concluded a Shelltime 4 charterparty with Unical Calulo Bunker Services (Pty) Ltd for the charter of a bunker barge to be used by Chevron for the delivery of its products to vessels in the port of Cape Town. The charterparty included a clause that provided that all claims arising out of any loss or damage to cargo were subject to the Hague-Visby Rules. Furthermore, the charterparty provided for all disputes to be referred to arbitration in accordance with the laws of South Africa. The operations of the bunker barge involved its berthing at a filling facility operated by British Petroleum (“BP”) but filled with marine fuel obtained from Chevron’s storage facility, and then delivered to vessels in the port. Within two weeks of its operation, a discrepancy arose with respect to the amount of marine fuel pumped into the barge as measured by BP’s on-shore fuel meter readers and those on the barge, resulting in a net loss between that loaded and that delivered to vessels in the port. While Chevron advised Unical that it considered Unical liable for those losses, both parties cooperated in undertaking a series of tests to identify the source of the inaccuracies in meter readings. After more than a year of testing, without any result, Chevron finally demanded payment from Unical for the discrepancy, though it only initiated arbitration proceedings a further five months later. Unical raised a special defence to the effect that a significant portion of the claim was time-barred as a result of the inclusion of the Hague-Visby Rules in the charter party, which, according to Art III, r.6, discharges a ship from all liability in respect of goods unless the claim is brought within one year of their delivery or the date when they should have been delivered. While Chevron disputed the application of Art.III, should it be applied, the application before the court was for an order that the time required to bring suit under the charterparty be extended pursuant to the Arbitration Act 1965, s.8. Section 8 provides that, where an arbitration agreement includes a time bar, the court, if it is of the opinion that in the circumstances of the case undue hardship would otherwise be caused, may extent the time for such period as it considers proper, but subject to the provision of any law limiting the time commencing arbitration proceedings. Decision : Application allowed. Held : (1) The raising of the time bar in the arbitration proceedings is sufficient to enable the court to determine the issue and in doing so it must proceed on the basis that Unical’s defence is a good one. That is, while the applicant disputes the application of the time bar, * Reader, Marine and Shipping Law Unit, TC Beirne School of Law, University of Queensland, Australia. 1. Case No AC149/10, 15 June 2011 (High Court of South Africa (Western Cape)).
Keyword Maritime law
South Africa
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2013 Collection
TC Beirne School of Law Publications
Version Filter Type
Citation counts: Google Scholar Search Google Scholar
Created: Tue, 12 Mar 2013, 13:33:03 EST by Carmen Buttery on behalf of T.C. Beirne School of Law