Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2009] EWCA Civ 531 (10 June 2009)

Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2009] EWCA Civ 531 (10 June 2009)

No term is to be implied into this charterparty requiring the charterers to nominate a safe berth at Chekka, because the express terms, particularly clause 20, place the risk of berth safety on the owners, and it is not necessary to imply such a term for the contract to work. The omission of an express safe berth warranty was deliberate, and the contract is effective without the implied term.

Citation
[2009] EWCA Civ 531
Parties
Claimant/appellant: Mediterranean Salvage & Towage Limited; Defendant/respondent: Seamar Trading & Commerce Inc
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Appeal From High Court (commercial Court) – Arbitration Award Challenge / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Implied Terms in Contracts, Voyage Charterparties, Safe Port/berth Warranties, Arbitration Appeals
Commercial Law Maritime Law Contract Law Implied Terms in Contracts Voyage Charterparties Safe Port/berth Warranties Arbitration Appeals

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Parties

Mediterranean Salvage & Towage Limited

Claimant/appellant

Seamar Trading & Commerce Inc

Defendant/respondent

Procedural Posture

Appeal From High Court (commercial Court) – Arbitration Award Challenge / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a term should be implied into a voyage charterparty requiring charterers to nominate a safe berth at a named port where there is no express warranty of safety for the port or berth.

Ratio Decidendi

No term is to be implied into this charterparty requiring the charterers to nominate a safe berth at Chekka, because the express terms, particularly clause 20, place the risk of berth safety on the owners, and it is not necessary to imply such a term for the contract to work. The omission of an express safe berth warranty was deliberate, and the contract is effective without the implied term.

Court Disposition

Appeal dismissed

Orders

  • No implied term as to safe berth to be read into the charterparty; arbitration award and High Court decision upheld.