Matter
Charterer v Shipowner (Commercial Court [2026] EWHC 2136 (Comm))
- 2 January 2025Arbitration
2 January 2025Arbitration
Arbitral Award concerning the Grande Island charterparty
- Decision summary
- The arbitral tribunal held that piracy risk at Warri made the shipowner's departure from Warri and temporary return to Lagos a reasonable preventative measure under clause 81(c)(i) of the BIMCO Piracy Clause. The vessel therefore remained on hire; the tribunal granted the shipowner's claim and dismissed the charterer's defence and counterclaim.
Supporting details
2 participantsCharterer
Shipowner
5 months and 7 days later · 158 days
- 9 June 2025England and Wales
9 June 2025England and Wales
Permission ruling of the High Court dated 9 June 2025
High Court
- Decision summary
- His Honour Judge Pelling KC, sitting as a Judge of the High Court, granted the charterer permission to appeal under section 69 of the Arbitration Act 1996.
Supporting details
3 participants - Date not availableEngland and Wales
Date not availableEngland and Wales
Judgment of the Commercial Court in the case [2026] EWHC 2136 (Comm)
Commercial Court of the High Court of Justice
- Citation
- [2026] EWHC 2136 (Comm)
- Decision summary
- The Commercial Court dismissed the charterer's section 69 appeal from the arbitral award. It held that clause 81(c)(i) of the BIMCO Piracy Clause permitted the shipowner to leave the approach to Warri and return to Lagos as a reasonable preventative measure against piracy, with the vessel remaining on hire. The court held that deleting clauses 81(a) and (b) did not narrow clause 81(c)(i), and dismissed the appeal.
Supporting details
18 authorities · 4 participantsCharterer
- Representative
- Steven Berry KC (For: Charterer)
Shipowner
- Representative
- Alexander Wright KC (For: Shipowner)
Commercial Court of the High Court of Justice