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You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> NYK Bulkship (Atlantic) NV v Cargill International SA [2013] EWHC 30 (Comm) (01 February 2013) URL: http://www.bailii.org/ew/cases/EWHC/Comm/2013/30.html Cite as: [2013] EWHC 30 (Comm) |
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QUEEN'S BENCH DIVISION
COMMERCIAL COURT
IN AN ARBITRATION CLAIM
Fetter Lane London EC4A 1NL |
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B e f o r e :
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NYK Bulkship (Atlantic) N.V. |
Claimant (Owners) |
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- and - |
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Cargill International S.A. |
Defendant (Charterers) |
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Andrew W Baker QC and Daniel Bovensiepen (instructed by Holman Fenwick Willan LLP) for the Defendant/Charterers
Hearing date: 16 November 2012
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Crown Copyright ©
Mr Justice Field :
Should the vessel be captured or seizured (sic) or detained or arrested by any authority or by any legal process during the currency of this Charter Party, the payment of hire shall be suspended until the time of her release, unless such capture or seizure or detention or arrest is occasioned by any personal act or omission or default of the Charterers or their agents. Any extra expenses incurred by and/or during the above capture or seizure or detention or arrest shall be for Owners' account.
Note 1 The“fiduciary relationship which exists between two persons, one of whom expressly or impliedly consents that the other should act on his behalf so as to affect his relations with third parties, and the other of whom similarly consents so to act or so acts.” (The definition contains the word “manifests” after “impliedly” but the omission of this word by the majority does not affect the substance of the words quoted.) [Back] Note 2 This agency did not, however, extend to indicating or selecting the ultimate place to which the vessel was to proceed for bunkering. [Back] Note 4 Further examples of such clauses those providing that fines originating from the master, officers and crew contravening local port regulations were to be for Owners’ account and fumigations ordered because of cargoes carried or ports visited while the vessel is employed under the charter were to be for Charterers’ account. [Back] Note 6 As required by the arbitration agreement contained in clause 17 of the Charterparty. [Back]