Seatrade Group NV v Hakan Agro DMCC, Re The Aconcagua Bay

Seatrade Group NV v Hakan Agro DMCC, Re The Aconcagua Bay

The warranty that a berth is 'always accessible' in a voyage charterparty means the vessel must be able to both enter and depart the berth; the Umpire's contrary interpretation was incorrect in law.

Parties
Claimant: SEATRADE GROUP N. V.; Defendant: HAKAN AGRO D. M. C. C
Jurisdiction
England and Wales
Judgment Date
26 March 2018
Procedural Posture
Appeal Under Section 69 of the Arbitration Act 1996 / Judgment on Appeal From Arbitration Award
Outcome
Appeal allowed
Legal Topics
Charterparty Interpretation, Berth Accessibility Warranty, Voyage Charter Risk Allocation
Commercial Law Maritime Law Arbitration Charterparty Interpretation Berth Accessibility Warranty Voyage Charter Risk Allocation

Case Brief

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Parties

SEATRADE GROUP N. V.

Claimant

HAKAN AGRO D. M. C. C

Defendant

Procedural Posture

Appeal Under Section 69 of the Arbitration Act 1996 / Judgment on Appeal From Arbitration Award

Legal Issues

  1. 1 Does the warranty that a berth is 'always accessible' in a voyage charterparty mean the vessel must be able to both enter and leave the berth?

Ratio Decidendi

The warranty that a berth is 'always accessible' in a voyage charterparty means the vessel must be able to both enter and depart the berth; the Umpire's contrary interpretation was incorrect in law.

Court Disposition

Appeal allowed

Orders

  • The Umpire's award is set aside to the extent inconsistent with this judgment.