Agile Holdings Corporation v Essar Shipping Ltd [2018]

Commercial Court
Written By Louise Glover

Agile Holdings Corporation v Essar Shipping Ltd [2018] EWHC 1055 (Comm) — 11 May 2018 (Waksman QC)

“The Court allowed an appeal from an arbitration award which had held that shipowners were unable to recover from charterers in respect of liability to those interested in a cargo of direct reduced iron. Clause 49 of the c/p on the NYPE 46 form stat…

“The Court allowed an appeal from an arbitration award which had held that shipowners were unable to recover from charterers in respect of liability to those interested in a cargo of direct reduced iron. Clause 49 of the c/p on the NYPE 46 form stated "the Stevedores... to remain under the direction of the Master who will be responsible for proper stowage and seaworthiness and safety of the vessel". The Court held that such a partial transfer of responsibility to the shipowners for some aspects of cargo handling is not sufficient for there to be considered a "similar amendment" for the purposes of Clause 8(b) of the ICA.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
16th May 2018

Louise Glover
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