Americas Bulk Transport Ltd (Liberia) v Cosco Bulk Carrier Ltd (China) M.V. Grand Fortune [2020]
Americas Bulk Transport Ltd (Liberia) v Cosco Bulk Carrier Ltd (China) M.V. Grand Fortune [2020] EWHC 147 — 30 January 2020 (Judge Pelling QC)
“COSCO chartered the Vessel to Britannia Bulkers ("Bulkers") in 2007. A recap evidenced a sub charter of the Vessel to ABT in 2008 but was silent as to the disponent owner. COSCO, as assignee of Bulkers, brought claims in arbitration against ABT under the sub-CP. ABT contended that its counterparty was Bulkers' parent, Britannia Bulk, hence there was no arbitration agreement in the sub-CP operable on behalf of Bulkers. The Court preferred material contemporaneous with the Recap (LOUs, payment instructions) over post-contractual evidence (a later draft CP) and upheld the Tribunal's ruling that Bulkers, the only entity entitled to trade the Vessel under the 2007 charter, was the sub-CP counterparty, such that the Tribunal had jurisdiction over COSCO's claim.”
Antonino Cordopatri
E. G. Arghyrakis & Co.
12th February 2020