Fastfreight Pte Ltd v Bulk Trident Shipping Ltd (Re Arbitration Act 1996) [2023] EWHC 105 – 24 January 2023 (Henshaw J)
Under an amended NYPE 93 C/P, Charterers ceased paying hire alleging that whilst crew members were testing Covid-positive, the Vessel was off-hire. The C/P provided that no hire deductions were permissible without Owners' written agreement. The Court, on appeal, upheld the Tribunal's ruling that Owners reasonably withheld permission and that the deduction was wrongful. Hire remained payable even if it might later be determined or agreed that the Vessel was indeed off-hire.