Case Summaries

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Supreme Court Louise Glover Supreme Court Louise Glover

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.”

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Commercial Court Louise Glover Commercial Court Louise Glover

ST Shipping and Transport PTE LTD v SpaceShipping Ltd [2016]

“Under a Shelltime 4 Charterparty, the Vessel was not off hire when detained by Venezuelan authorities following illegal voyage orders (provided via Charterers' agents); further Charterers were liable pursuant to clause 13 to Owners in respect of the continued detention of the Vessel following redelivery by Charterers on expiry of the Charter term. Permission to appeal was refused.”

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Louise Glover Louise Glover

Time Bar

“In a recently reported London Arbitration it was held that the six year contractual time bar ran from the moment each instalment of time charter hire fell due from the charterers, and not from the date of redelivery of the vessel. The cause of action for some outlays, including bunkers supplied by the owners, did not however accrue until redelivery.”

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