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Taokas Navigation SA v Komrowski Bulk Shipping KG (GmbH & Co)

Subject: Shipping

Keywords: East Africa; Kenya; Piracy; Time charters; War risks

Summary: On the true construction of a time charter incorporating the CONWARTIME 2004 clause, the shipowner was not precluded from relying on that clause to justify its refusal to proceed on a voyage to Kenya ordered by the charterer where there was no material change in the risk of proceeding with that voyage between the date of the charterparty and the date of the order. The shipowner had not, by the terms of the charterparty, construed in its factual context, accepted the risk of piracy in trading to Kenya as at the date of the charterparty.

Members of Chambers: Malcolm Jarvis acted for the sub-sub-charterers (instructed by Stockler Brunton) and Charlotte Tan acted for the sub-charterers (instructed by Holman Fenwick Willan LLP)