NYK Bulkship (Atlantic) NV v Cargill International SA (The Global Santosh)

Subject Matter

SHIPPING — Charterparty — Construction — Vessel detained — Defendant charterers withholding payment of hire during period of detention — Claimant seeking to rely on proviso in off-hire clause — Arbitral tribunal finding in favour of defendant — Claimant appealing — Whether tribunal erring in construction of clause

[2013] EWHC 30 (Comm); [2013] CN 169; [2013] 1 Lloyd’s Rep 455, QBD

SHIPPING — Charterparty — Construction — Vessel detained — Allocation of risk of delay as between owners and time charterers

[2014] EWCA Civ 403; [2014] 1 CLC 515; [2014] CN 674; [2014] 2 Lloyd’s Rep 103, CA

SHIPPING — Charterparty — Time charter — Construction — Off-hire provision — Charterparty allowing sub-charters but making charterers ultimately liable for unloading of vessel at port of discharge — Charterparty stipulating that vessel off-hire if arrested save where arrest occasioned by act, omission or default of charterer or “agent” of charterer — Vessel arrested outside port of discharge as result of dispute between parties to sub-charter — Start of unloading delayed until dispute resolved — Shipowner claiming vessel not off-hire during period of delay because sub-charter parties deemed to be charterers’ agents — Whether sub-charter parties acting as charterers’ “agents” only during actual unloading — Whether acts of sub-charter parties leading to arrest outside scope of agency — Whether charterers able to rely on off-hire provision — Asbatime form, cl 8

[2016] UKSC 20; [2016] 1 WLR 1853; [2016] 4 All ER 298; [2016] 2 All ER (Comm) 587; [2016] 1 Lloyd's Rep 629; [2016] 1 CLC 886; [2016] WLR (D) 255; Case details, SC(E)

Appellate History