Eleni Shipping Ltd v Transgrain Shipping BV

Eleni Shipping Ltd v Transgrain Shipping BV

Clause 49 is qualified by 'by any authority or any legal process' and does not cover capture by pirates; clause 101 suspends hire only if piracy occurs as an immediate consequence of Gulf of Aden transit, not strictly within a defined geographical area.

Parties
Claimant: Eleni Shipping Limited; Defendant: Transgrain Shipping B.V.
Jurisdiction
England and Wales
Judgment Date
10 April 2019
Procedural Posture
Arbitration Appeal / Judgment
Outcome
Appeal succeeds on clause 49, fails on clause 101.
Legal Topics
Charterparty Interpretation, Off Hire Clauses, Piracy Risk Allocation
Commercial Law Maritime Law Arbitration Charterparty Interpretation Off Hire Clauses Piracy Risk Allocation

Case Brief

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Parties

Eleni Shipping Limited

Claimant

Transgrain Shipping B.V.

Defendant

Procedural Posture

Arbitration Appeal / Judgment

Legal Issues

  1. 1 Whether clause 49 of the Charterparty excludes hire for periods of capture by pirates
  2. 2 Whether clause 101 puts the vessel off-hire only if piracy occurs during transit of the Gulf of Aden

Ratio Decidendi

Clause 49 is qualified by 'by any authority or any legal process' and does not cover capture by pirates; clause 101 suspends hire only if piracy occurs as an immediate consequence of Gulf of Aden transit, not strictly within a defined geographical area.

Court Disposition

Appeal succeeds on clause 49, fails on clause 101.

Orders

  • Parties to be heard on form of order and costs.