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England and Wales decisions
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The High Court held that Tonzip was not entitled to refuse loading a cargo on sanctions grounds, so its damages claim failed. 2Rivers succeeded on its counterclaim.
Contract Natural Gas Ltd v ZOG Energy Ltd [2025] EWHC 86 (Ch) (21 January 2025)
The High Court held that a £250,000 limitation in a gas supply MSA applied globally, and that a contractual 12-month time bar barred the remedy but did not extinguish liability.
The tribunal had substantive jurisdiction because the parties entered into two contracts for sale and purchase, not a single barter contract, and the arbitration clause was validly incorporated. The time bar clause did not preclude Bluequest's claim as it applied only to claims by Palmat. No serious irregularity under s.68 was established except as to interest on costs, which was not in play and must be set aside. All other challenges failed as the tribunal addressed the issues and applied the law correctly.
Source excerpt
Palmat NV v Bluequest Resources AG [2023] EWHC 2940 (Comm) (07 December 2023)
High Court dismissed Palmat NV’s ss.67 and 68 challenge to an LCIA award, save for deleting interest on arbitration and legal costs.
Eastern Pacific Chartering Inc v Pola Maritime Ltd [2022] EWHC 2095 (Comm) (10 August 2022)
Commercial charterparty trial over underperformance, set-off, and a wrongful arrest counterclaim. The court allowed a 16-hour deduction for slow steaming and dismissed wrongful arrest.
Vitol SA v Genser Energy Ghana Ltd [2022] EWHC 1812 (Comm) (22 July 2022)
High Court commercial contract dispute over propane supply, default notice validity, settlement amount, and unpaid invoices. Judgment was for Vitol SA.
Commercial contract dispute over propane supplies, default notice, settlement sums, invoice claims, force majeure, time bar, and statutory interest.
Euronav NV v Repsol Trading SA (mt MARIA) [2021] EWHC 2565 (Comm) (24 September 2021)
The Commercial Court held that the date of discharge for a demurrage time bar was determined by local California time, making the owners’ notice late.
The High Court held that the contracts were FOB sale contracts for crude oil, not mere rights to lift oil, and ordered restitution for undelivered quantities.
Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm) (23 March 2020)
The High Court held that a demurrage claim was time-barred because the owner did not provide bills of lading within a 90-day clause requiring all supporting documents.
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