Eitzen Bulk A/S v TTMI Sarl [2012] EWHC 202 (Comm) (14 February 2012)

Eitzen Bulk A/S v TTMI Sarl [2012] EWHC 202 (Comm) (14 February 2012)

Clause 15 of the SHELLTIME 4 form requires that 'price actually paid' means the price paid when the bunkers were stemmed, as supported by paid invoices, assessed on a first-in-first-out basis; the Tribunal's interpretation is correct and the appeal is dismissed.

Source-derived case information.

Citation
[2012] EWHC 202 (Comm)
Parties
Claimant: EITZEN BULK A/S; Defendant: TTMI SARL
Jurisdiction
England and Wales
Judgment Date
14 February 2012
Procedural Posture
Appeal Under Arbitration Act 1996 S.69 / Judgment on Appeal and Related Application
Outcome
Appeal dismissed; Award upheld; Application for further reasons refused.
Legal Topics
Charterparty Interpretation, Bunker Pricing, Arbitration Award Appeal, Estoppel, Contract Construction
Commercial Law Arbitration Shipping Law Charterparty Interpretation Bunker Pricing Arbitration Award Appeal Estoppel Contract Construction

Source-derived case record

Summary, issues, holding and outcome

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Parties

EITZEN BULK A/S

Claimant

TTMI SARL

Defendant

Procedural Posture

Appeal Under Arbitration Act 1996 S.69 / Judgment on Appeal and Related Application

Legal Issues

  1. 1 Proper construction of 'price actually paid' in clause 15 of SHELLTIME 4 form
  2. 2 Whether estoppel prevents TTMI from relying on price paid when bunkers were stemmed
  3. 3 Whether clause 15 is intended to provide reimbursement

Ratio Decidendi

Clause 15 of the SHELLTIME 4 form requires that 'price actually paid' means the price paid when the bunkers were stemmed, as supported by paid invoices, assessed on a first-in-first-out basis; the Tribunal's interpretation is correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; Award upheld; Application for further reasons refused.

Orders

  • Appeal dismissed
  • Award upheld