Bottiglieri Di Navigazione SpA v Cosco Qingdao Ocean Shipping Company [2005] EWHC 244 (Comm) (04 February 2005)

Bottiglieri Di Navigazione SpA v Cosco Qingdao Ocean Shipping Company [2005] EWHC 244 (Comm) (04 February 2005)

Charterers could not place the Vessel off-hire at the second loadport for dirty holds as clause 13 only applied at the first loadport; Charterers waived their rights by accepting delivery without reservation and failing to insist on cleaning at the first loadport; no serious irregularity occurred as all relevant arguments were before the Tribunal; Charterers were estopped from claiming damages for breach of grain clean requirement under clause 46 (amendment 5) due to their conduct and waiver.

Citation
[2005] EWHC 244 (Comm)
Parties
Charterers: Bottiglieri di Navigazione SpA; Owners: Cosco Qingdao Ocean Shipping Company
Jurisdiction
England and Wales
Judgment Date
04 February 2005
Procedural Posture
Arbitration Challenge Under Arbitration Act 1996 / Application for Leave to Appeal and Challenge to Award
Outcome
Application for leave to appeal and challenge to award dismissed
Legal Topics
Charterparty Interpretation, Off Hire Provisions, Waiver and Estoppel, Damages for Breach of Contract
Arbitration Maritime Law Contract Law Charterparty Interpretation Off Hire Provisions Waiver and Estoppel Damages for Breach of Contract

Case Brief

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Parties

Bottiglieri di Navigazione SpA

Charterers

Cosco Qingdao Ocean Shipping Company

Owners

Procedural Posture

Arbitration Challenge Under Arbitration Act 1996 / Application for Leave to Appeal and Challenge to Award

Legal Issues

  1. 1 Whether Charterers could place the Vessel off-hire at the second loadport due to dirty holds under clause 13 or clause 15
  2. 2 Whether Charterers waived their right to grain clean holds at the second loadport by accepting delivery without reservation
  3. 3 Whether the Tribunal committed serious irregularity by deciding on grounds not argued by Owners

Ratio Decidendi

Charterers could not place the Vessel off-hire at the second loadport for dirty holds as clause 13 only applied at the first loadport; Charterers waived their rights by accepting delivery without reservation and failing to insist on cleaning at the first loadport; no serious irregularity occurred as all relevant arguments were before the Tribunal; Charterers were estopped from claiming damages for breach of grain clean requirement under clause 46 (amendment 5) due to their conduct and waiver.

Court Disposition

Application for leave to appeal and challenge to award dismissed

Orders

  • Charterers' application for permission to appeal under section 69 dismissed
  • Charterers' challenge to award for serious irregularity under section 68 dismissed