St Shipping And Transport Pte Ltd v Space Shipping Ltd, Re CV Stealth [2016] EWHC 880 (Comm) (20 April 2016)

St Shipping And Transport Pte Ltd v Space Shipping Ltd, Re CV Stealth [2016] EWHC 880 (Comm) (20 April 2016)

The Charterers' orders exposed the vessel to an unlawful cargo and materially increased the risk of detention, breaching clause 28. The Arbitrator's findings of fact are dispositive and raise no question of law. Permission to appeal is required and refused as no substantial question of law arises that would affect the parties' rights.

Citation
[2016] EWHC 880 (Comm)
Parties
Claimant (respondent in the Arbitration): ST Shipping and Transport Pte Ltd; Defendant (claimant in the Arbitration): Space Shipping Ltd
Jurisdiction
England and Wales
Judgment Date
20 April 2016
Procedural Posture
Arbitration Appeal to High Court (commercial Court) / Application for Permission to Appeal Under Section 69 Arbitration Act 1996
Outcome
Permission to appeal refused on all grounds.
Legal Topics
Charterparty Interpretation, Arbitration Appeals, Indemnity Clauses, Off Hire Provisions, Frustration of Contract, Remoteness of Damages
Commercial Law Shipping Law Arbitration Charterparty Interpretation Arbitration Appeals Indemnity Clauses Off Hire Provisions Frustration of Contract +1 more

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Parties

ST Shipping and Transport Pte Ltd

Claimant (respondent in the Arbitration)

Space Shipping Ltd

Defendant (claimant in the Arbitration)

Procedural Posture

Arbitration Appeal to High Court (commercial Court) / Application for Permission to Appeal Under Section 69 Arbitration Act 1996

Legal Issues

  1. 1 Whether the Charterers breached clause 28 of the Charterparty by exposing the vessel to risk of detention
  2. 2 Whether the Owners are entitled to indemnity under clause 13(a)(i) and (ii)
  3. 3 Whether the 'arrest or restraint of princes' exception in clause 27(a) applies

Ratio Decidendi

The Charterers' orders exposed the vessel to an unlawful cargo and materially increased the risk of detention, breaching clause 28. The Arbitrator's findings of fact are dispositive and raise no question of law. Permission to appeal is required and refused as no substantial question of law arises that would affect the parties' rights.

Court Disposition

Permission to appeal refused on all grounds.

Orders

  • Permission to appeal under section 69 Arbitration Act 1996 is refused.
  • The Arbitrator's award stands.