Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV

Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV

Owners breached the warranty that, to the best of their knowledge, the vessel was approved by specified oil majors and would remain so throughout the charterparty. The breach resulted from events at Antwerp, causing loss of approvals and preventing SJB from selling cargo to Shell at market price. SJB did not fail to mitigate its damages.

Parties
Claimant: Transpetrol Maritime Services Limited; Defendant: SJB (Marine Energy) BV
Jurisdiction
England and Wales
Judgment Date
18 February 2011
Procedural Posture
Commercial / Judgment
Outcome
Judgment for Defendant on counterclaim; demurrage claim partly unresolved.
Legal Topics
Charterparty Disputes, Breach of Warranty, Demurrage, Mitigation of Damages, Oil Major Approvals
Contract Law Maritime Law Charterparty Disputes Breach of Warranty Demurrage Mitigation of Damages Oil Major Approvals

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Parties

Transpetrol Maritime Services Limited

Claimant

SJB (Marine Energy) BV

Defendant

Procedural Posture

Commercial / Judgment

Legal Issues

  1. 1 Interpretation of charterparty approval clause
  2. 2 Whether approval letters constituted valid approvals
  3. 3 Breach of warranty regarding vessel approvals

Ratio Decidendi

Owners breached the warranty that, to the best of their knowledge, the vessel was approved by specified oil majors and would remain so throughout the charterparty. The breach resulted from events at Antwerp, causing loss of approvals and preventing SJB from selling cargo to Shell at market price. SJB did not fail to mitigate its damages.

Court Disposition

Judgment for Defendant on counterclaim; demurrage claim partly unresolved.

Orders

  • Damages awarded to SJB for breach of warranty, assessed at $2,675,602.
  • Demurrage issues referred to Admiralty Registrar for determination.