Case Summaries
London Arbitration 17/17
“The demurrage rate net of commission was used by an arbitral tribunal to calculate damages for detention, even though the Charterparty did not contain any reference to commission in the event of detention. Awarding damages on the basis of the gross demurrage rate was not deemed appropriate as Owners would have only received the net amount had they been paid demurrage for the delay.”
(2017) 972 LMLN 4— London Arbitration 12/17
“A Tribunal constituted pursuant to a 'Law and Arbitration' C/P provision ruled against Charterers' challenge to its jurisdiction, holding that a competing clause referring to Egyptian Courts and law was less comprehensive than the arbitration provision. It was also considered that Charterers waived the right to challenge arbitration by participating in the proceedings. “
(2017) 972 LMLN 2— London Arbitration 9/17
“After discharge operations in Chittagong were interrupted for 6.62 days due to a strike by barge labourers, it was held that laytime continued to run in full during the strike even though Owners did not provide notice of the strike to Charterers as required by the General Strike Clause (Gencon 94), since both Owners and Charterers were fully aware of the strike's existence.”
(2016) 966 LMLN 1— London Arbitration 27/16
“It was held that pleadings containing negotiations between Charterers and Owners could not be protected by privilege since these negotiations were aimed at finding a commercial solution to a commercial problem (the inability of Charterers to make hire payments following a significant plunge in the freight market). Factors such as the presence of lawyers in negotiations, the presence of a third party acting as a mediator, or discussion of a novation did not create a "legal dispute". “
(2016) 967 LMLN 4- London Arbitration 30/16
“A London Tribunal has ruled that a claim for legal costs by itself is capable of succeeding under the Inter-Club Agreement (as it held that Clause 4 of the ICA included legal costs in the defence of the original claim), in contrast to an earlier decision on a similar point by another London tribunal.”
(2016) 960 LMLN 3— London Arbitration 25/16
“In a laytime and demurrage dispute between Owners and Charterers, it was held that where all four hatches of a vessel were available for work and at Charterers' disposal, "weather working days...basis 4 hatches" did not allow Charterers to deduct time from laytime for those hatches not used when Charterers/shippers did not have the labour or cargo to work them.”