SBT Star Bulk & Tankers (Germany) GmbH & Co KG v Cosmotrade SA

SBT Star Bulk & Tankers (Germany) GmbH & Co KG v Cosmotrade SA

The charterers were entitled to order the vessel to load further cargo at Sohar because the charter did not contain sufficiently clear words to restrict loading to a single port or range; the vessel was to be employed as the charterers directed within the trading limits and contractual route.

Parties
Claimant/owner: SBT Star Bulk & Tankers (Germany) GmbH & Co KG; Respondent/charterer: Cosmotrade SA
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Arbitration Appeal / Judgment on Appeal From Arbitral Award
Outcome
Appeal dismissed
Legal Topics
Time Charter Trip, Charterparty Construction, Vessel Employment Rights

Case Brief

Summary, issues, holding and outcome

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Parties

SBT Star Bulk & Tankers (Germany) GmbH & Co KG

Claimant/owner

Cosmotrade SA

Respondent/charterer

Procedural Posture

Arbitration Appeal / Judgment on Appeal From Arbitral Award

  1. 1 Whether under the terms of a one time charter trip, the charterer was entitled to order the vessel to load further cargo at Sohar after discharging all previous cargo, or was only entitled to order the vessel to proceed to the agreed redelivery place.

Ratio Decidendi

The charterers were entitled to order the vessel to load further cargo at Sohar because the charter did not contain sufficiently clear words to restrict loading to a single port or range; the vessel was to be employed as the charterers directed within the trading limits and contractual route.

Court Disposition

Appeal dismissed

Orders

  • Charterers entitled to costs of the appeal, subject to further submissions.