NKD Maritime Ltd v Bart Maritime (No. 2) Inc [2022] EWHC 1615 - 24 June 2022 (Foxton J)

Cash buyers (NKD) of the Shagang Giant purported to terminate the MOA on the grounds that Indian Covid-19 restrictions constituted force majeure preventing both Vessel from reaching outer anchorage (“the Delivery Location”) and Sellers (Bart) from transferring title as per the MOA. The Court disagreed. The force majeure clause was applicable to an inability to transfer title, not an inability to deliver; Sellers had not been precluded from the former, either by inability to reach the anchorage or by government restriction. In any event the Court found the Vessel had arrived at the Delivery Location. Sellers were entitled to the deposit (which exceeded the total losses claimed).