Smart Gain Shipping Co Ltd v. Langlois Enterprises Ltd (The “Globe Danae”) – KBD (Comm Ct) , 5 July 2023

APPEAL - UNDERWATER CLEANING “ALWAYS AT CHARTERERS’ TIME AND EXPENSE” – ON-HIRE RATES FOR CLEANING AFTER EXPIRY OF CHARTERPARTY – HULL FOULING – NYPE FORM – SECTION 69 OF THE ARBITRATION ACT 1996 Langlois (Owners) chartered the vessel, MV Globe Danae, to Smart Gain (Charterers) for a trip from India to Brazil carrying metallurgical coke. The dispute arose from clause (86) in the charterparty regarding hull fouling. Langlois claimed compensation for time spent on cleaning, based on clause 86, while Smart Gain argued cleaning obligations ceased upon redelivery. This was an appeal of a partial arbitration award from October 2022.
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