A Popplewell J. judgment handed down today in the Commercial Court. Similarities to the Asphalt Trader although that was a voyage charter case.
This case involved the fraudulent attempt to ship crude oil from Venezuela. Facts are straightforward and the charterers are liable in damages. The vessel remains in Puerto La Cruz and has been since September 2014!
A secondary point of interest is whether or not there is an automatic right of appeal to the Courts where you have a clause such as the following:
“The parties hereby agree that either party may –
(a) appeal to the High Court on any question of law arising out of an award;"
It appears you can, but only if the requirements of section 69(3)(a) of the 1996 Arbitration Act are met.