Case Summaries
Nord Stream AG v Lloyd's Insurance Company SA and Arch Insurance (EU) DAC [2026] EWHC 1685 (Comm)
The Court held that insurers were entitled to rely on a war risks exclusion to reject claims for damage to the Nord Stream gas pipelines following the 2022 Baltic Sea explosions. Although there were competing plausible theories as to who carried out the sabotage, the Court found that it was unnecessary to determine the perpetrators. On either version of events, the damage was directly or indirectly caused by, or occurred in consequence of, the Russia–Ukraine war and therefore fell within the exclusion.
Transatlantica Commodities PTE Ltd v Eurochem Trading GmbH [2026] EWHC 1494 (Comm)
The Commercial Court dismissed an appeal, thereby upholding an arbitration award, arising from Owners' failure to provide a vessel within the agreed laycan under a contract of affreightment (COA). The Court held that each shipment under the COA constituted a separate and severable contractual obligation, such that a subsequent shipment did not cure the earlier breach. Charterers were therefore entitled to recover the orthodox contract/market measure of damages reflecting the cost of fixing substitute tonnage.
Songa Product and Chemical Tankers IV AS v Gardsea Shipping Inc (the MT Songa Coral) [2026] EWHC 1559 (Comm)
The Court considered whether a payment obligation under a Saleform 2012 MOA expired at midnight in (i) Norway, where payment was to be effected, or (ii) in the most westerly jurisdiction referred to in the MOA definition of "Banking Days". The Court held that the definition of "Banking Days" merely identified which calendar days counted for the purpose of calculating time and did not determine when a day began or ended. Buyers were required to release the purchase price from escrow by midnight in Norway and were in default when they failed to do so.
London Arbitration 9/26 (2026) LMLN
A Gencon 94 C/P for the carriage of bauxite provided that demurrage and balance of freight were payable within 20 banking days of completion of discharge. Before arrival at discharge, Owners demanded load port demurrage, and threated to lien the cargo. The Tribunal set aside the ensuing agreement to Owners’ figures on the grounds that it was obtained by economic duress. Nevertheless, on the merits, Owners’ calculations had been correct and the economic duress had little impact on the end result.
Read the full judgement here.
CIT Group Finance (Ireland) Unlimited Company v SpiceJet Limited [2026] EWHC 1277 (Comm)
Following SpiceJet's failure to satisfy payment obligations under Early Termination Agreements ("ETAs") entered into after aircraft lease payment defaults, the Commercial Court held that the lessor was entitled to render the ETAs null and void and revert to its remedies under the original leases. Rejecting arguments based on estoppel, waiver and reasonableness, the Court found that redelivery acceptance certificates issued under the ETAs did not prevent the lessor from pursuing lease-based claims arising from the lessee's earlier defaults.
Tonzip Maritime (Singapore) PTE Ltd v 2 Rivers PTE Ltd [2026] EWCA Civ 641
Following Owners’ refusal under a C/P incorporating an ‘EPS’ sanctions clause, to load a cargo of oil at a Russian Black Sea port for the Mediterranean, the High Court held that Owners were in repudiatory breach, having no reasonable grounds to apprehend that Sanctioned individuals retained roles within the proposed Shippers. The CA reversed that ruling, finding that the information supplied by Charterers and obtained independently by Owners did leave room for a reasonable apprehension that Sanctioned individuals remained involved, and justified their refusal.
Read the full judgement here.