Bilgent Shipping PTE Ltd & Anor v ADM International Sarl & Oldendorff Carriers GmbH & Co KG

Bilgent Shipping PTE Ltd & Anor v ADM International Sarl & Oldendorff Carriers GmbH & Co KG

Bilgent was entitled to cancel the Sub-Charter because the notice of readiness was not delivered within the required office hours as per clause 14. ADM had no right to cancel the Head Charter because the amendments removed the office hours requirement for cancellation purposes, and notice of readiness was delivered before the specified deadline.

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 / Judgment on Appeal
Outcome
Bilgent’s appeal allowed; ADM’s appeal dismissed.
Legal Topics
Charterparty Cancellation, Notice of Readiness, Contract Interpretation, Laytime, Arbitration Act Section 69
Commercial Law Arbitration Shipping Law Charterparty Cancellation Notice of Readiness Contract Interpretation Laytime Arbitration Act Section 69

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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 / Judgment on Appeal

Legal Issues

  1. 1 Whether cancellation of charterparty was lawful where notice of readiness was not delivered within specified hours
  2. 2 Interpretation of charterparty clauses regarding notice of readiness and cancellation
  3. 3 Effect of amendments to standard charterparty forms on cancellation rights

Ratio Decidendi

Bilgent was entitled to cancel the Sub-Charter because the notice of readiness was not delivered within the required office hours as per clause 14. ADM had no right to cancel the Head Charter because the amendments removed the office hours requirement for cancellation purposes, and notice of readiness was delivered before the specified deadline.

Court Disposition

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

Orders

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