P v A & Anor

P v A & Anor

The nomination of the laycan period by the charterers was irrevocable once given and became an essential term of the contract. The charterers' attempt to move the laycan period constituted a repudiatory breach, justifying the owners' acceptance of the repudiation and release from further performance of the 5th voyage.

Parties
Claimant/charterer: P; Defendant/owner: A; Defendant/owner: I
Jurisdiction
England and Wales
Judgment Date
20 June 2008
Procedural Posture
Commercial Arbitration Appeal / Judgment on Appeal Under Section 69 of the Arbitration Act 1996
Outcome
Appeal dismissed
Legal Topics
Contract of Affreightment, Laycan Nomination, Repudiatory Breach, Arbitration Award, Voyage Charter
Commercial Law Shipping Law Arbitration Contract of Affreightment Laycan Nomination Repudiatory Breach Arbitration Award Voyage Charter

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

P

Claimant/charterer

A

Defendant/owner

I

Defendant/owner

Procedural Posture

Commercial Arbitration Appeal / Judgment on Appeal Under Section 69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the nomination by the charterers of the laycan spread for the 5th voyage was irrevocable
  2. 2 Whether the arbitrators erred in law in holding that the charterers were in repudiation in purporting to revoke the laycan nomination

Ratio Decidendi

The nomination of the laycan period by the charterers was irrevocable once given and became an essential term of the contract. The charterers' attempt to move the laycan period constituted a repudiatory breach, justifying the owners' acceptance of the repudiation and release from further performance of the 5th voyage.

Court Disposition

Appeal dismissed