CSSA Chartering and Shipping Services S.A v Mitsui O.S.K. Lines Ltd

Owners were under an absolute obligation to commence the approach voyage at a time reasonably certain to arrive at the loading port by the anticipated date, informed by ETAs at intermediate ports; breach of this obligation entitled Charterers to damages.

Source-derived case information.

Parties: Claimant: CSSA Chartering and Shipping Services S.A; Defendant: Mitsui O.S.K. Lines Ltd
Jurisdiction: England and Wales
Judgment Date: 18 October 2017
Procedural Posture: Commercial Dispute / Judgment
Outcome: Claim allowed
Legal Topics: Voyage Charterparty, Obligation to Commence Approach Voyage, Monroe Obligation, Laycan and Cancelling Date, Renunciation

Maritime Law Contract Law Voyage Charterparty Obligation to Commence Approach Voyage Monroe Obligation Laycan and Cancelling Date Renunciation

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

CSSA Chartering and Shipping Services S.A

Claimant

Mitsui O.S.K. Lines Ltd

Defendant

Procedural Posture

Commercial Dispute / Judgment

Legal Issues

1 Whether an absolute obligation exists for owners to commence the approach voyage by a date reasonably certain to arrive by the cancelling date
2 Whether the cancelling date is equivalent to an ETA for Monroe obligation purposes
3 Whether owners' obligation is absolute or one of due diligence

Ratio Decidendi

Court Disposition

Claim allowed

Orders

Judgment for Claimant for US$1,202,812.50

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