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    Einladung zur GMAA-40-Veranstaltung am 23.2.2012

     

  • As from 1 January 2012 new GMAA Arbitrations Rules and a new fee schedule apply. You will find it under "Rules/Arbitration Rules" and "Fees/Fees for Arbitrators" respectively. 

     

     

  • New Adress of the GMAA Secretariate:

    Willy-Brandt-Str. 57, 20457 Hamburg, Germany
    Tel. +49 (40) 5 700 700, Fax + 49 (40) 5 700 70 200

     

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Awards

 

Only a small number of GMAA awards obtain the consent of the parties to be published and only a few are of general importance. This is why only a fraction of the awards from the past years can be reproduced here. Nevertheless, the awards below might give an impression of the contents of GMAA proceedings.

 

 

Topic

Date
    1. On the question of whether a management agreement contains an assignment of claims.
    2. On the question of whether the “loss payable clause” permits an assignment.
    3. On claims to payment of insurance payments for damage to the boiler of a vessel which occurred whilst the vessel was on a sea voyage from Hong Kong to Kaohsiung, as well as for costs incurred in renting a boiler.

      10.07.01
        1. On the liability of the captain in accordance with §§ 511 et seq. HGB
        2. A captain who consciously enters an area of heavy weather with deck cargo is liable for damage to the deck cargo resulting from waves crashing onto the deck.
        3. The usual exclusion clauses in bills of lading do not cover such damage.
        4. If the deck cargo is damaged by sea water and fresh water, the captain is not liable for the damage caused by fresh water. The damage is therefore to be apportioned.

          11.12.01
            1. On the coverage claim against the hull underwriters of the MS “Nordland” which ran onto a rock in the Mediterranean in August 2000 and was declared a total loss by the claimant.
            2. On the geographical area of coverage in § 9 of the Gildenbedingungen.

              15.02.02
                1. On the void nature of an arbitration clause in a repair works agreement
                2. On the valid POA for the conclusion of an arbitration clause

                  08.11.05
                    1. If the vessel leaves the port of loading before the three-day time limit in § 570 HGB has expired, the charterer has a claim to compensation.
                    2. The loss of the charterer is calculated here using the difference between the freight agreed upon and the freight paid for the transportation with a replacement vessel.
                    3. On the question of whether the charterer has a claim to the reimbursement of costs for the inspection of the cargo hold prior to loading.
                    4. If the charterer refuses, in a wrongful manner, to make the cargo available because he incorrectly assumes that the vessel is not ready for loading, the vessel operator has a claim to damages for detention. This starts with the end of the loading time and is to be calculated on the basis of the demurrage rate agreed upon in the charter party.
                    5. A claim of the vessel operator for dead freight under § 585 HGB does not apply when the three-day- time limit in § 570 para. 2 HGB is not respected. This is also the case when the vessel operator fears a considerable economic loss because the charterer is uncooperative or if the vessel operator assumes that the attitude of the charterer in relation to the readiness to load does not change as a consequence.

                    19.05.05
                      1. On the claim for dead freight.
                      2. On the question of whether an agreement between the arbitration parties by means of a settlement has come into existence and whether it is binding

                        21.12.05
                          1. If, despite a party to the arbitration not lacking in funds, the arbitration advance payment is not paid by said party, the continuation of the arbitral proceedings is de facto impossible.
                          2. The proceedings will be discontinued by a decision in accordance with § 1056 para. 2 no. 3 ZPO.
                          3. In any state court proceedings thereafter an application for a stay of arbitration proceedings is inadmissible

                            05.05.09