HBC Hamburg Bulk Carriers GmbH & Co KG v Tangshan Haixing Shipping Co Ltd

HBC Hamburg Bulk Carriers GmbH & Co KG v Tangshan Haixing Shipping Co Ltd

The period during which the vessel was under Cosco's control was a special arrangement outside the Charterparty and did not count as off-hire under clauses 15, 56, or 70. The Charterers were not entitled to cancel the Charterparty under clause 56, and there was no serious irregularity or error of law in the Arbitrator's Award.

Parties
Claimant: HBC Hamburg Bulk Carriers GMBH & Co KG; Defendant: Tangshan Haixing Shipping Co Ltd
Jurisdiction
England and Wales
Judgment Date
15 December 2006
Procedural Posture
Commercial Arbitration Challenge / Judgment on Applications Under Sections 68 and 69 of the Arbitration Act 1996
Outcome
Applications dismissed
Legal Topics
Arbitration Award Challenge, Charterparty Cancellation, Interpretation of Off Hire Clauses, Serious Irregularity, Appeal on Point of Law
Arbitration Maritime Law Contract Law Arbitration Award Challenge Charterparty Cancellation Interpretation of Off Hire Clauses Serious Irregularity Appeal on Point of Law

Case Brief

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Parties

HBC Hamburg Bulk Carriers GMBH & Co KG

Claimant

Tangshan Haixing Shipping Co Ltd

Defendant

Procedural Posture

Commercial Arbitration Challenge / Judgment on Applications Under Sections 68 and 69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the Charterers were entitled to cancel the Charterparty under clause 56 due to the vessel being off-hire for more than 30 days
  2. 2 Whether the period during which the vessel was under Cosco's control counted as off-hire under clauses 15, 56, or 70
  3. 3 Whether there was a serious irregularity under section 68 of the Arbitration Act 1996

Ratio Decidendi

The period during which the vessel was under Cosco's control was a special arrangement outside the Charterparty and did not count as off-hire under clauses 15, 56, or 70. The Charterers were not entitled to cancel the Charterparty under clause 56, and there was no serious irregularity or error of law in the Arbitrator's Award.

Court Disposition

Applications dismissed

Orders

  • Both the section 68 and section 69 applications are dismissed.