Bilgent Shipping PTE Ltd & Anor v ADM International Sarl & Oldendorff Carriers GmbH & Co KG [2019] EWHC 2522 (Comm) (02 October 2019)

Bilgent Shipping PTE Ltd & Anor v ADM International Sarl & Oldendorff Carriers GmbH & Co KG [2019] EWHC 2522 (Comm) (02 October 2019)

Bilgent was entitled to cancel the Sub-Charter because notice of readiness was not delivered within the specified office hours as required by the contract. ADM was not entitled to cancel the Head Charter because the amended contract removed the office hours requirement for cancellation, allowing notice of readiness to be delivered at any time before 2359 on the cancelling date.

Citation
[2019] EWHC 2522 (Comm)
Parties
Claimant/appellant: Bilgent Shipping PTE Ltd.; Defendant/respondent; Claimant/appellant: ADM International SARL; Defendant/respondent: Oldendorff Carriers GmbH & Co KG
Jurisdiction
England and Wales
Judgment Date
02 October 2019
Procedural Posture
Appeal From Arbitration Award Under Section 69 Arbitration Act 1996 / Judgment on Appeal
Outcome
Bilgent's appeal allowed; ADM's appeal dismissed.
Legal Topics
Charterparty Cancellation, Notice of Readiness, Contractual Interpretation, Laytime, Arbitration Appeals
Commercial Law Shipping Law Arbitration Charterparty Cancellation Notice of Readiness Contractual Interpretation Laytime Arbitration Appeals

Case Brief

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Parties

Bilgent Shipping PTE Ltd.

Claimant/appellant

ADM International SARL

Defendant/respondent; Claimant/appellant

Oldendorff Carriers GmbH & Co KG

Defendant/respondent

Procedural Posture

Appeal From Arbitration Award Under Section 69 Arbitration Act 1996 / Judgment on Appeal

Legal Issues

  1. 1 Whether cancellation of voyage charterparty was lawful when notice of readiness was not delivered within specified hours
  2. 2 Interpretation of charterparty clauses regarding notice of readiness and cancellation

Ratio Decidendi

Bilgent was entitled to cancel the Sub-Charter because notice of readiness was not delivered within the specified office hours as required by the contract. ADM was not entitled to cancel the Head Charter because the amended contract removed the office hours requirement for cancellation, allowing notice of readiness to be delivered at any time before 2359 on the cancelling date.

Court Disposition

Bilgent's appeal allowed; ADM's appeal dismissed.

Orders

  • Bilgent entitled to cancel Sub-Charter; ADM not entitled to cancel Head Charter.