Silverburn Shipping (loM) Ltd v Ark Shipping Company LLC (M/V "ARCTIC") [2019]

Commercial Court
Written By Louise Glover

Silverburn Shipping (loM) Ltd v Ark Shipping Company LLC (M/V "ARCTIC") [2019] EWHC 376 — 22 February 2019 (Carr J)

“The High Court held that the Classification clause (9) in a BARECON '89 Charterparty is both an absolute obligation and a condition, such that if charterers allow Class to lapse, owners are entitled to terminate. In so doing it overturned an arbitr…

“The High Court held that the Classification clause (9) in a BARECON '89 Charterparty is both an absolute obligation and a condition, such that if charterers allow Class to lapse, owners are entitled to terminate. In so doing it overturned an arbitration award concluding that clause (9) was part of the continuing maintenance obligation and imposed only an intermediate obligation of reasonable diligence, i.e. to reinstate the vessel's Class within a reasonable time.”

Amandine Gulgnard
E. G. Arghyrakis & Co.
27th February 2019

Louise Glover
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