21 October 2016
Spar Shipping AS v Grand China Logistics Holding (Group) Co. Ltd [2016] EWCA Civ 982, [2016] All ER (D) 67 (Oct)
The Court of Appeal held that the payment terms at cl 11 of the NYPE 1993 form of charterparty that permitted for withdrawal of a vessel, was not a contractual condition. The court, in that respect, overruled Kuwait Rocks Co v AMN Bulkcarriers Inc; The Astra [2013] 2 All ER (Comm) 689. The guarantor’s appeal was dismissed as the charterer it had guaranteed had renounced the relevant charterparties, which had entitled the ship owner to withdraw the vessels and terminate the charters.
