Transgrain Shipping (Singapore) PTE Ltd v Yangtze Navigation (Hong Kong) Co Ltd & Anor [2016] EWHC 3132 (Comm) (07 December 2016)
The word 'act' in clause 8(d) of the ICA 1996 means any act, whether culpable or not, and does not require proof of fault; the ICA's scheme is for mechanical apportionment of liability without regard to fault.
- Citation
- [2016] EWHC 3132 (Comm)
- Parties
- Claimant/respondent in the Arbitration/charterers: TRANSGRAIN SHIPPING (SINGAPORE) PTE LTD; Defendant/claimant in the Arbitration/owners: YANGTZE NAVIGATION (HONG KONG) CO LTD
- Jurisdiction
- England and Wales
- Judgment Date
- 07 December 2016
- Procedural Posture
- Appeal From Arbitration Award / Judgment After Hearing
- Outcome
- Appeal dismissed
- Legal Topics
- Charterparty, Cargo Claims, Inter Club Agreement, Contract Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
TRANSGRAIN SHIPPING (SINGAPORE) PTE LTD
Claimant/respondent in the Arbitration/charterers
YANGTZE NAVIGATION (HONG KONG) CO LTD
Defendant/claimant in the Arbitration/owners
Procedural Posture
Appeal From Arbitration Award / Judgment After Hearing
Legal Issues
- 1 Whether 'act' in clause 8(d) of the Inter-Club Agreement 1996 requires culpability or includes any act regardless of fault
Ratio Decidendi
The word 'act' in clause 8(d) of the ICA 1996 means any act, whether culpable or not, and does not require proof of fault; the ICA's scheme is for mechanical apportionment of liability without regard to fault.
Court Disposition
Appeal dismissed
Orders
- The tribunal's construction of 'act' in clause 8(d) of the ICA is upheld.
- No order as to further relief.
Full Case Text
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