Polestar Maritime Ltd v YHM Shipping Co Ltd & Anor (Rev 1)

The seller was not obliged to provide certificates, including the ISPP Certificate, that the vessel did not have at the time of inspection; the three-day period in clause 14 allowed the seller to make arrangements, including lifting detentions, to comply with documentation and covenants for valid legal transfer.

Parties: Claimant: Polestar Maritime Limited; Defendant: YHM Shipping Co Ltd; Defendant: Ningyuan Shipping Company Co Ltd
Jurisdiction: England and Wales
Judgment Date: 17 February 2012
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed; order of Field J affirmed.
Legal Topics: Ship Sale and Purchase, Interpretation of Contractual Terms, Delivery Condition, Arbitration Appeal, International Certificates

Commercial Law Maritime Law Contract Law Arbitration Ship Sale and Purchase Interpretation of Contractual Terms Delivery Condition Arbitration Appeal +1 more

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Parties

Polestar Maritime Limited

Claimant

YHM Shipping Co Ltd

Defendant

Ningyuan Shipping Company Co Ltd

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the seller was obliged to provide an ISPP Certificate upon delivery under the MOA
2 Whether sellers had three banking days to lift detention and comply with Bill of Sale covenants

Ratio Decidendi

Court Disposition

Appeal dismissed; order of Field J affirmed.

Orders

Sellers not obliged to provide ISPP Certificate if not held at inspection.
Sellers allowed three banking days to make arrangements, including lifting detention, to comply with Bill of Sale covenants.