The WLR Daily case summaries
[2021] WLR(D) 257
Queen’s Bench Division
Alpha Marine Corpn
v
Minmetals Logistics Zhejiang Co Ltd
[2021] EWHC 1157 (Comm)
2021 April 21;
May 5
Butcher J
Shipping— Charterparty— Time charter— Owners chartering vessel for time charter trip— Charterers sub-chartering vessel pursuant to voyage charter providing freight payable even if cargo lost— Owners issuing bills of lading providing freight payable as per voyage charter— Vessel lost during voyage— Charterers issuing freight invoice to shippers pursuant to voyage charter— Before freight paid, owners issuing freight invoice to shippers under bills of lading and revoking charterers’ authority to receive freight— Shippers making partial payment of freight into escrow account but later wound up— Owners bringing claim against charterers in arbitration— Tribunal holding charterparty containing implied obligation that owners would not revoke unless hire and/or sums due to them under charterparty and, no such sums being due, owners having breached that obligation— Owners appealing on question of law— Whether implied term of time charterparty that owners may not revoke charterers’ authority to collect freight payable under bills of lading unless hire and/or sums due to owners under charterparty— Whether appeal to be allowed—
Arbitration Act 1996 (c 23), s 69
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New York Produce Exchange form (1993)
Ships’ names— MV Smart