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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

08/04/2014

NYK Bulkship (Atlantic) NV v Cargill International SA ("The Global Santosh")

This is an archived article, and some links may not work. Contact us if you have any questions.

The Court of Appeal handed down judgment today in an appeal and cross-appeal against a decision of Field J (on an appeal under section 69 of the Arbitration Act 1996) concerning the meaning of “charterers’ agents” in a very common additional off hire provision where the NYPE form is used ([2013] EWHC 30 (Comm); [2013] 1 Lloyd's Rep. 455). The clause provided the vessel was off hire for any period she was arrested, save for the proviso that she would not be off hire if such arrest was "occasioned by any personal act or omission or default of the Charterers or their agents". The appeal raised issues as to the construction of the proviso, the scope of Charterers’ obligation under clause 8 of the NYPE form, and the cause of the arrest. The Court dismissed the appeal and allowed the cross-appeal in part, upholding the judge’s decision to remit the question of causation to the Tribunal.  The Court differed from the judge below in his reasoning in relation to the construction of the word “agents”. The effect of the decision is that it is likely “charterers’ agents” will encompass all sub-charterers and shippers/ receivers on charterers’ “side of the line” under a time charter, which could have ramifications not only for the effect of a number of common additional clauses, but also for references in the printed NYPE form to “agents”, particularly for clause 18 insofar as it concerns charterers’ responsibility to lift vessel arrests “incurred by them or their agents”.

Andrew W Baker QC and Daniel Bovensiepen acted for the Appellant/ Cross-respondent (instructed by Holman Fenwick Willan LLP)

Timothy Young QC acted for the Respondent/ Cross-appellant (instructed by Maritime Law Office Skinitis)

 


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