Category: English Maritime Cases

Shipping industry court rulings and arbitration awards under English law.

Current / English Maritime Cases

London Arbitration 8/26

VOYAGE CHARTER – GENCON 1994 – SAFE PORT – DETENTION – WAR RISKS – VOYWAR 1993 – STRAIT OF KERCH This dispute arose under a voyage charterparty evidenced by a recap fixture incorporating the Gencon 1994 form, for the carriage of ammonium nitrate from an Azov Sea port to a Black Sea port. The central...

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English Maritime Cases

London Arbitration 5/26

NYPE – TIME CHARTER – SPEED AND CONSUMPTION – NOON REPORTS – ABOUT – NO EXTRAPOLATIONS This dispute arose under a trip time charter on an amended NYPE 1946 form between claimant owners and respondent charterers. The owners claimed US$160,407.16 allegedly due under their final hire statement, while the charterers denied liability and asserted a right of set-off based on alleged underperformance of the vessel. The recap incorporated key performance warranties. The vessel was described as capable of: “ABT 14.00 KNOTS (L) ON ABT 35.00 MT IFO/DAY + ABT 0.10 MT MDO/DAY” This performance was expressly qualified by defined environmental...

Current / English Maritime Cases

London Arbitration 3/26

NYPE – TIME CHARTER – SPEED AND CONSUMPTION – WEATHER – CURRENTS

The dispute arose under a time charter on an amended NYPE form, between respondent owners and claimant charterers. The charterers claimed US$150,558.18 in alleged overpaid hire arising from underperformance of the vessel. The owners denied liability and counterclaimed US$61,516.48.

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Current / English Maritime Cases / Featured

London Arbitration 4/26

NYPE – TIME CHARTER – SPEED AND CONSUMPTION – HULL FOULING

The vessel was chartered for one time charter trip from Nouadhibou, Mauritania to Taranto, Italy on an amended NYPE 1946 form. A dispute arose regarding the balance of hire.
The owners claimed US$13,190.34 in outstanding hire, a FuelEU Maritime penalty of €12,710.10, and the transfer of 475.04 EU Emission Allowances (EUAs) pursuant to the EU Emissions Trading Scheme. The charterers denied liability and counterclaimed US$16,779.22, alleging that the vessel had been delivered with hull fouling, which caused underperformance and excess consumption on the voyage.

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Current / English Maritime Cases

London Arbitration 15/25

SYNACOMEX 90 – VOYAGE CHARTER – DEMURRAGE – REJECTION OF CARGO HOLDS – DELAY IN REINSPECTION

This dispute concerned a voyage charter on an amended Synacomex 90 form for the carriage of approximately 30,000 mt of wheat from the Baltic to North Africa. It arose out of an owners’ claim for demurrage at the loading port following the rejection of the vessel’s cargo holds after notice of readiness had been tendered at anchorage.

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Current / English Maritime Cases

London Arbitration 1/26

TIME CHARTER – SPEED AND PERFORMANCE – HULL FOULING – GOOD WEATHER – THE DIVINEGATE

The dispute concerned a claim by the charterers for US$127,545.45 and a counterclaim by the owners for US$28,174.16, as reflected in the parties’ final hire statements. The central issue was whether, at delivery, the vessel was affected by underwater hull fouling amounting to a defect that reduced speed and entitled the charterers to an off-hire deduction under the charterparty.

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Current / English Maritime Cases / Featured

London Arbitration 2/26

VOYAGE CHARTER – DESPATCH – LAYTIME CALCULATION – RESTRICTED CRANE USE – NUMBER OF GANGS – NUMBER OF HOOKS

The subject vessel was chartered by the respondent owners to the claimant charterers for a voyage carrying a cargo of bagged rice from India to Bangladesh. A dispute arose concerning unpaid despatch earned by the charterers due to time saved on laytime.

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English Maritime Cases / Featured

London Arbitration 12/25

NYPE – TIME CHARTER – BIMCO HULL FOULING CLAUSE – REDELIVERY BUNKERS – DEVIATION
A dispute under a short NYPE time-charter concerned USD 71,000 in alleged unpaid hire. The contested issues were hull fouling under the BIMCO clause, bunker quantities on redelivery, and an alleged deviation from the charterers’ weather-routing advice.

English Maritime Cases

Tonzip Maritime Ltd v 2Rivers Pte Ltd (The “Catalan Sea”) [2025] EWHC 2036 (Comm) King’s Bench Division, Commercial Court – 31 July 2025

VOYAGE CHARTER – EU AND UK SANCTIONS – REFUSAL TO LOAD CARGO – REPUDIATION – TIME BAR FOR DAMAGES CLAIM

Tonzip Maritime Ltd chartered the Catalan Sea to 2Rivers Pte Ltd under an “EPS Sanctions Clause,” which allowed the owners to refuse loading if there was a sanctions risk. When the owners refused to load cargo from Neftisa, linked to a sanctioned individual, the charterers canceled the contract, leading to a damages claim by the owners.

English Maritime Cases

London Arbitration 9/25

NYPE 1993 – OFF HIRE – EMPLOYMENT ORDERS – REASONABLE DELAY IN COMPLIANCE – UNSAFE BERTH, PORT COSTS

The vessel was time-chartered on an amended NYPE 1993 form with additional clauses for a one-trip charter “via ECSA to Persian Gulf–Japan range (intention Iraq) with cargo of grains in bulk (intention soybeans).” Hire was fixed at US$20,000 per day. The charter contained the usual clauses requiring safe berths, safe ports, and compliance with charterers’ orders, together with an off-hire provision.