Case Summaries
Supreme Court NYK Bulkship (Atlantic) NV v Cargill International SA ("Global Santosh") [2016]
“The Supreme Court by a 4:1 majority reversed the Court of Appeal to hold that under the time charter, the vessel was off-hire throughout the period of an arrest caused by a dispute down the charterparty chain involving sub charterers and/or the parties to the commodity contract. Under the Charter, an arrest would not render the vessel off hire if caused by "Charterers or their Agents", but the Court found that those causing the arrest did not qualify as Charterers' agents.”