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

Field J handed down judgment on 1 February 2013 in an appeal under section 69 of the Arbitration Act 1996. Owners had appealed an award finding the Global Santosh to be off hire during the period of her mistaken arrest at Port Harcourt, Nigeria. The appeal concerned the construction and application of a common additional off hire clause which provided the vessel was off hire for any period she was arrested or detained, save for the proviso that she would not be off hire if such arrest or detention was "occasioned by any personal act or omission or default of the Charterers or their agents". Owners alleged Charterers’ “agents” had occasioned the arrest, and 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 appeal was allowed in part, with the question of causation remitted to the Tribunal for reconsideration in the light of the judgment. Field J granted both parties leave to appeal to the Court of Appeal.

Members of Chambers: Timothy Young QC for the Appellant (instructed by Skinitis); Andrew Baker QC and Daniel Bovensiepen for the Respondent (instructed by Holman Fenwick Willan LLP)