A v B [2021] EWHC 793 (Comm) (31 March 2021)

A v B [2021] EWHC 793 (Comm) (31 March 2021)

Buyers' invalid nomination of MV Tai Hunter was a breach of contract but not a breach of condition entitling Sellers to terminate; Sellers had no right to terminate and refusal to accept valid substitute nomination was itself a breach. Obligation to provide charterparty was not a condition. Interest award from 4 April 2018 was lawful. Appeal and challenge dismissed.

Citation
[2021] EWHC 793 (Comm)
Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Commercial Court Appeal and Challenge to Arbitration Award / Judgment on Appeal and Challenge
Outcome
Appeal and challenge dismissed; arbitration award upheld.
Legal Topics
FOB Contracts, Vessel Nomination, Conditions and Warranties, Arbitration Act 1996 Sections 68 and 69, Interest Awards
Commercial Law Arbitration Law Contract Law FOB Contracts Vessel Nomination Conditions and Warranties Arbitration Act 1996 Sections 68 and 69 Interest Awards

Case Brief

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Parties

A

Claimant

B

Defendant

Procedural Posture

Commercial Court Appeal and Challenge to Arbitration Award / Judgment on Appeal and Challenge

Legal Issues

  1. 1 Whether false vessel nomination is breach of condition entitling termination
  2. 2 Obligation to nominate vessel already chartered
  3. 3 Obligation to provide copy of charterparty as condition

Ratio Decidendi

Buyers' invalid nomination of MV Tai Hunter was a breach of contract but not a breach of condition entitling Sellers to terminate; Sellers had no right to terminate and refusal to accept valid substitute nomination was itself a breach. Obligation to provide charterparty was not a condition. Interest award from 4 April 2018 was lawful. Appeal and challenge dismissed.

Court Disposition

Appeal and challenge dismissed; arbitration award upheld.

Orders

  • Award stands; Sellers' appeal under sections 68 and 69 of Arbitration Act 1996 dismissed.
  • Interest awarded at 4% per annum, compounded quarterly, from 4 April 2018 until payment.