Glory Wealth Shipping Pte Ltd v North China Shipping Ltd & Anor [2010] EWHC 1692 (Comm) (08 July 2010)

Glory Wealth Shipping Pte Ltd v North China Shipping Ltd & Anor [2010] EWHC 1692 (Comm) (08 July 2010)

Early redelivery under the head charter was not causally connected to the breach of the sub-charter and should not be taken into account in the assessment of damages; damages are to be assessed by reference to the difference between the contract rate and the market rate or actual earnings for the balance of the charter period.

Citation
[2010] EWHC 1692 (Comm)
Parties
Applicant (respondent in the Arbitration): Glory Wealth Shipping Pte Limited; Respondent (claimant in the Arbitration): North China Shipping Limited; Respondent (claimant in the Arbitration): M/V 'North Prince'
Jurisdiction
England and Wales
Judgment Date
08 July 2010
Procedural Posture
Appeal Under Arbitration Act 1996 / Judgment on Appeal Against Arbitration Award
Outcome
Appeal dismissed
Legal Topics
Damages Assessment, Repudiation of Charterparty, Early Redelivery, Measure of Damages
Commercial Law Arbitration Shipping Law Damages Assessment Repudiation of Charterparty Early Redelivery Measure of Damages

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Parties

Glory Wealth Shipping Pte Limited

Applicant (respondent in the Arbitration)

North China Shipping Limited

Respondent (claimant in the Arbitration)

M/V 'North Prince'

Respondent (claimant in the Arbitration)

Procedural Posture

Appeal Under Arbitration Act 1996 / Judgment on Appeal Against Arbitration Award

Legal Issues

  1. 1 Whether early redelivery under head charter should be taken into account in damages assessment for repudiation of sub-charter
  2. 2 Correct method for calculating damages for wrongful early redelivery

Ratio Decidendi

Early redelivery under the head charter was not causally connected to the breach of the sub-charter and should not be taken into account in the assessment of damages; damages are to be assessed by reference to the difference between the contract rate and the market rate or actual earnings for the balance of the charter period.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; arbitration award stands