Suek AG v Glencore International AG

Suek AG v Glencore International AG

Clause 7.13 allows the Master to give Notice of Readiness at the usual waiting place if the berth is occupied on arrival, regardless of whether other causes (such as tidal conditions) also prevent access. The clause does not require berth unavailability to be the sole cause of delay. The clear wording of the contract prevails over any implied causation requirement derived from charterparty cases.

Parties
Claimant: SUEK AG; Defendant: Glencore International AG
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Part 8 Claim (construction of Contract) / Judgment
Outcome
Issue answered in the affirmative for the Claimant.
Legal Topics
Laytime, Demurrage, Notice of Readiness, CIF Contracts, Contract Interpretation
Commercial Law Laytime Demurrage Notice of Readiness CIF Contracts Contract Interpretation

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

SUEK AG

Claimant

Glencore International AG

Defendant

Procedural Posture

Part 8 Claim (construction of Contract) / Judgment

Legal Issues

  1. 1 Whether, in circumstances where both the berth was occupied and tidal conditions prevented access, the Claimant was entitled to give Notice of Readiness at the usual waiting place under Clause 7.13 of the contract.

Ratio Decidendi

Clause 7.13 allows the Master to give Notice of Readiness at the usual waiting place if the berth is occupied on arrival, regardless of whether other causes (such as tidal conditions) also prevent access. The clause does not require berth unavailability to be the sole cause of delay. The clear wording of the contract prevails over any implied causation requirement derived from charterparty cases.

Court Disposition

Issue answered in the affirmative for the Claimant.

Orders

  • The Claimant was entitled to give Notice of Readiness at the usual waiting place under Clause 7.13 in the circumstances described.