The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head charterers. Construction of the meaning and effect of an off-hire clause contained in a time charter.
Held: Field J remitted the matter to the arbitrators to establish causation. The arrest of the cargo and the vessel was not done as part of the performance of the discharging operation, and was irrelevant. However, he considered that IBG’s failure to discharge the cargo within the laydays allowed by its contract of sale with Transclear and its failure to pay the resultant demurrage arising under that contract, were omissions in the course of their performance of the discharging operation. This was because ‘it was Cargill after all who set in train the process of delegation and gave delegating parties a free hand to agree terms with delegates’
Judges:
Field J
Citations:
[2013] EWHC 30 (Comm), [2013] 1 Lloyd’s Rep 455
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Hyundai Merchant Marine Co Ltd v Furness Withy (Australia) Pty (‘Doric Pride’) CA 25-Jan-2006
The court considered the relationship between express an implied warranties.
Held: Under a time charterparty, hire continues to run unless the charterer can bring himself within the plain words of an off-hire provision; the risk of delay is . .
Cited – Mediolanum Shipping Co v Japan Lines Ltd (‘The Mediolanum’) CA 1984
The charterers had contracted to provide and pay for fuel. They ordered her to a safe port but she was directed to an unsafe place in that port by the refinery with whom the charterer had contracted for the supply of bunkers. The court was asked to . .
Cited – Adelfamar SA v Silos e Mangimi Martini Spa (‘the Adelfa’) 1988
. .
Cited – Adelfamar SA v Silos e Mangimi Martini Spa (‘the Adelfa’) 1988
. .
Cited by:
At ComC – NYK Bulkship (Atlantic) Nv v Cargill International Sa SC 11-May-2016
The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer.
Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the . .
At ComC – NYK Bulkship (Atlantic) NV v Cargill International SA CA 8-Apr-2014
The court was asked as to ‘the true construction and application of a proviso to an off hire clause in a time charterparty, dealing with the capture, seizure, detention or arrest of the vessel. The issue thus raises the familiar question as to the . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Transport
Updated: 13 November 2022; Ref: scu.470709