Dalwood Marine Co v Nordana Line A/S

Dalwood Marine Co v Nordana Line A/S

The tribunal was entitled in law to take into account the benefit obtained by the owners from being able to earn under the Navimed fixture earlier than would otherwise have been the case, even if this required considering earnings after the notional redelivery date. The assessment of such benefits is a question of fact for the tribunal. No error of law was demonstrated.

Parties
Claimant/owners: Dalwood Marine Co.; Respondent/charterers: Nordana Line A/S
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Commercial Arbitration Appeal / High Court Appeal Under Section 69 of the Arbitration Act 1996
Outcome
Appeal dismissed
Legal Topics
Damages for Breach of Charterparty, Mitigation of Loss, Assessment of Damages, Premature Termination of Charterparty
Commercial Law Maritime Law Arbitration Damages for Breach of Charterparty Mitigation of Loss Assessment of Damages Premature Termination of Charterparty

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Parties

Dalwood Marine Co.

Claimant/owners

Nordana Line A/S

Respondent/charterers

Procedural Posture

Commercial Arbitration Appeal / High Court Appeal Under Section 69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the tribunal erred in law by considering earnings after the notional redelivery date when assessing damages for wrongful termination of a charterparty
  2. 2 Whether benefits obtained by the owners due to early redelivery should be taken into account in mitigation

Ratio Decidendi

The tribunal was entitled in law to take into account the benefit obtained by the owners from being able to earn under the Navimed fixture earlier than would otherwise have been the case, even if this required considering earnings after the notional redelivery date. The assessment of such benefits is a question of fact for the tribunal. No error of law was demonstrated.

Court Disposition

Appeal dismissed

Orders

  • The award in favour of the Charterers stands
  • No error of law found in the tribunal’s approach