Supreme Court NYK Bulkship (Atlantic) NV v Cargill International SA ("Global Santosh") [2016]

Supreme Court NYK Bulkship (Atlantic) NV v Cargill International SA ("Global Santosh") [2016] UKSC 20 (11 May 2016) (Neuberger LJ, Mance LJ, Clarke LJ, Sumption LJ, Toulson LJ)

“The Supreme Court by a 4:1 majority reversed the Court of Appeal to hold that under the time charter, the vessel was off-hire throughout the period of an arrest caused by a dispute down the charterparty chain involving sub charterers and/or the parties to the commodity contract. Under the Charter, an arrest would not render the vessel off hire if caused by "Charterers or their Agents", but the Court found that those causing the arrest did not qualify as Charterers' agents.”

Vasilis Bikakis
E. G. Arghyrakis & Co.
11th May 2016