Carboex SA v Louis Dreyfus Commodities Suisse SA [2012] EWCA Civ 838, [2012] All ER (D) 120 (Jun)
Court of Appeal, Civil Division, Lord Neuberger MR, Moore-Bick and Toulson LJJ, 19 June 2012
Provided that the strike was the effective cause of delay, cl 9 of the American Welsh Coal Charter form (1979) applies in the case of delays by the after-effects of a strike which had ended, and in the case of a vessel which arrives after the strike has ended and to a vessel unable to berth due to congestion caused by a strike.
Charles Kimmins QC and Socrates Papadopoulos (instructed by Thomas Cooper, Madrid) for the claimant. Siobán Healy QC and Jessica Sutherland (instructed by Reed Smith LLP) for the defendant.
In March 2008, the appellant owner entered into a contract of affreightment with the respondent charterer for the carriage of 10 cargoes of coal from Indonesia to Ferrol or Carboneras in charterer’s option between 1 April and 15 August 2008. The contract was on the American Welsh Coal Charter form (1979 amendment), cll 4 and 9 of which contained provisions
