Silverburn Shipping(IoM) Ltd v Ark Shipping Company LLC (M/V "ARCTIC")

The obligation in Clause 9A) to keep the vessel with unexpired classification and other required certificates in force at all times is an absolute obligation and constitutes a condition of the Charterparty. Breach of this obligation entitles the Owners to terminate the Charterparty and demand delivery up of the vessel.

Parties: Claimant / Appellant: Silverburn Shipping (IoM) Ltd; Defendant / Respondent: Ark Shipping Company LLC
Jurisdiction: England and Wales
Judgment Date: 22 February 2019
Procedural Posture: Arbitration Appeal / Judgment on Appeal From Arbitral Award
Outcome: Appeal allowed
Legal Topics: Bareboat Charterparty, Contract Interpretation, Classification Obligations, Right of Termination, Conditions and Innominate Terms

Commercial Law Maritime Law Arbitration Bareboat Charterparty Contract Interpretation Classification Obligations Right of Termination Conditions and Innominate Terms

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2

Parties

Silverburn Shipping (IoM) Ltd

Claimant / Appellant

Ark Shipping Company LLC

Defendant / Respondent

Procedural Posture

Arbitration Appeal / Judgment on Appeal From Arbitral Award

Legal Issues

1 Whether the obligation to keep the vessel with unexpired classification is absolute or qualified
2 Whether the classification obligation is a condition or an innominate term

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Award varied to declare Owners entitled to terminate the Charterparty by the Termination Notice
Owners entitled to delivery up of the Vessel