SBT Star Bulk & Tankers (Germany) GmbH & Co KG v Cosmotrade SA [2016] EWHC 583 (Comm) (22 March 2016)

SBT Star Bulk & Tankers (Germany) GmbH & Co KG v Cosmotrade SA [2016] EWHC 583 (Comm) (22 March 2016)

The charterparty did not contain sufficiently clear words to restrict the charterer's entitlement to order further loading at Sohar, provided the orders were within the trading limits and contractual route. The words 'via' and 'to' in the charter described the route, not exclusive loading/discharging ranges. The charterers were entitled to order the vessel to load further cargo at Sohar.

Citation
[2016] EWHC 583 (Comm)
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
Appeal Under S.69 Arbitration Act 1996 (commercial Court) / Judgment on Appeal From Arbitral Award
Outcome
Appeal dismissed
Legal Topics
Time Charterparties, Interpretation of Charterparty Terms, Scope of Charterers' Orders, Arbitration Appeals
Commercial Law Shipping Law Arbitration Time Charterparties Interpretation of Charterparty Terms Scope of Charterers' Orders Arbitration Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

SBT STAR BULK & TANKERS (GERMANY) GmbH & Co KG

Claimant/owner

COSMOTRADE SA

Respondent/charterer

Procedural Posture

Appeal Under S.69 Arbitration Act 1996 (commercial Court) / Judgment on Appeal From Arbitral Award

Legal Issues

  1. 1 Whether under the charterparty the charterer was entitled to order the vessel, after discharge of all previous cargo, to proceed to another load port and perform a further voyage, or was limited to ordering redelivery after the agreed trip

Ratio Decidendi

The charterparty did not contain sufficiently clear words to restrict the charterer's entitlement to order further loading at Sohar, provided the orders were within the trading limits and contractual route. The words 'via' and 'to' in the charter described the route, not exclusive loading/discharging ranges. The charterers were entitled to order the vessel to load further cargo at Sohar.

Court Disposition

Appeal dismissed

Orders

  • Charterers entitled to costs of the appeal, subject to further submissions or agreement on the order.