Carboex SA v. Louis Dreyfus Commodities Suisse SA – QBD (Comm. Ct.), 12 May 2011
AMWELSH — BERTHING DELAYS CAUSED BY STRIKE — WHETHER IN BERTH OR NOT — WIBON PHRASE RELATIVE TO A STRIKE CLAUSE — Charterer Award
Under the same Contract of Affreightment (COA), two vessels arrived at port in the midst of a haulage strike and two vessels arrived after the haulage strike ended. All four of these vessels experienced berthing delays as a result of port congestion attributable to the strike. At issue is whether the WIBON clause supersedes the strike clause regarding berthing delays.
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