Wireless transmission of NOR by email a valid tender under cl.6 Asbatankvoy.

In London Arbitration 30/22, the vessel was chartered on amended Asbatankvoy in which Clause 6 of the charterparty provides that the master was to give NOR “by letter, telegraph, wireless or telephone”. The master tendered NOR by email. Charterers argued that the tender was bad, relying on The Port Russel [2013] 2 Lloyd’s Rep 57 where an email tender was held to be not permitted under a charter on BPVOY3 which provided for NOR  to be given by “by letter, facsimile transmission, telegram, telex, radio or telephone”. Unlike cl.6 of Asbatankvoy the clause did not refer to tender by ‘wireless’. The tribunal accepted owners’ arguments that the reference to tender by “wireless” covered the email which was transmitted wirelessly using the vessel’s communication safety system. Owners also produced evidence, from Wikipedia, that email was around in the 1960s and early 1970s and so was in existence in 1977 the year of the Asbatankvoy form.

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Professor Simon Baughen

Professor Simon Baughen was appointed as Professor of Shipping Law in September 2013 (previously Reader at the University of Bristol Law School). Simon Baughen studied law at Oxford and practised in maritime law for several years before joining academia. His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world. Simon's book on Shipping Law, has run to seven editions (soon to be eight) and is already well-known to academics and students alike as by far the most learned and approachable work on the subject. Furthermore, he is now the author of the very well-established practitioner's work Summerskill on Laytime. He has an extensive list of publications to his name, including International Trade and the Protection of the Environment, and Human Rights and Corporate Wrongs - Closing the Governance Gap. He has also written and taught extensively on commercial law, trusts and environmental law. Simon is a member of the Institute of International Shipping and Trade Law, a University Research Centre within the School of Law, and he currently teaches at Swansea on the LLM in:Carriage of Goods by Sea, Land and Air; Charterparties Law and Practice; International Corporate Governance.

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