Bilgent Shipping PTE Ltd & Anor v ADM International Sarl & Oldendorff Carriers GmbH & Co KG [2019]
Bilgent Shipping PTE Ltd & Anor v ADM International Sarl & Oldendorff Carriers GmbH & Co KG [2019] EWHC 2522 — 2 October 2019 (Teare J)
“An amended Baltimore Form C Berth Grain CP provided in CI.14 that NOR to load "must be delivered ... between 0800 hours and 1700 hours ..Monday to Friday, between 0800 ... and 1100 ... on Saturday, ....Laytime is to commence 0800 hours the next working day...." and in CI.16 for a right to cancel should NOR "not be delivered as per Clause 14 by...noon on... [10th May]." NOR was tendered at 0704 on Sunday 10 May. On appeal from an arbitration, the Court upheld Charterers' cancellation, holding that NOR could not be served on a Sunday: terms identifying what is a valid NOR have a commercial purpose and to hold that an NOR could be valid for one purpose (laytime) but not another (cancelling) would create uncertainty in the face of the parties' attempt to create certainty.”
Hanna Szerszen
E. G. Arghyrakis & Co.
09th October 2019