Sucden Middle-East v Yagci Denizcilik Ve Ticaret Ltd Sirketi Re: The MV Muammer Yagci

Sucden Middle-East v Yagci Denizcilik Ve Ticaret Ltd Sirketi Re: The MV Muammer Yagci

Seizure of cargo by local customs authorities at the discharge port, acting in a sovereign capacity, constitutes 'government interference' within the meaning of clause 28 of the Sugar Charter Party 1999 form, and time lost as a result does not count as laytime or time on demurrage or detention.

Parties
Claimant (charterers): Sucden Middle-East; Defendant (owners): Yagci Denizcilik Ve Ticaret Limited Sirketi ("The MV Muammer Yagci")
Jurisdiction
England and Wales
Judgment Date
02 November 2018
Procedural Posture
Commercial Arbitration Appeal / Appeal Under Section 69 of the Arbitration Act 1996
Outcome
Appeal allowed
Legal Topics
Interpretation of Force Majeure Clauses, Laytime and Demurrage, Government Interference in Shipping Contracts
Commercial Law Arbitration Shipping Law Interpretation of Force Majeure Clauses Laytime and Demurrage Government Interference in Shipping Contracts

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Parties

Sucden Middle-East

Claimant (charterers)

Yagci Denizcilik Ve Ticaret Limited Sirketi ("The MV Muammer Yagci")

Defendant (owners)

Procedural Posture

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

Legal Issues

  1. 1 Whether seizure of cargo by local customs authorities at the discharge port causing delay constitutes 'government interferences' under clause 28 of the Sugar Charter Party 1999 form

Ratio Decidendi

Seizure of cargo by local customs authorities at the discharge port, acting in a sovereign capacity, constitutes 'government interference' within the meaning of clause 28 of the Sugar Charter Party 1999 form, and time lost as a result does not count as laytime or time on demurrage or detention.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the seizure by customs authorities in these circumstances constitutes 'government interference' under clause 28.