Source: All England Reporter
Publisher Citation: [2012] All ER (D) 122 (Feb)
Neutral Citation: [2012] EWHC 273 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Cooke J
Representation Mark Jones (instructed by Marine Law Solicitors Ltd) for the claimant.
  Paul Henton (instructed by Reed Smith LLP) for the defendant.
Judgment Dates: 17 February 2012

Catchwords

Contract - Duress - Economic duress - Claimant owners of vessel entering charter with defendant charterers - Owners subsequently chartering same vessel to third party - Owners confirming would find alternative vessel and would compensate for damages - Charterers requesting $USD6 discount per metric ton of cargo in relation to reduced purchase price demanded by buyers as result of delay in shipment - Owners refusing and offering $USD2 per metric ton (offer) - Charterers accepting $USD2 discount but reserving rights regarding claims for damages arising out of breach of charter - Owners requiring acceptance of offer together with agreement to waive claims for loss and damage - Charterers stating forced to accept terms under protest (settlement agreement) - Arbitrators finding agreement procured by economic duress - Settlement agreement accordingly voidable - Owners appealing on basis facts found by arbitrators not amounting to 'illegitimate pressure' required to establish duress - Whether arbitrators applying wrong test in law.

The Case

Contract Duress. The Queens' Bench Division (Commercial Court): In dismissing an appeal against a finding by arbitrators that the conduct of the owners of a vessel had amounted to the 'illegitimate pressure' required to establish duress in law, it was held that the arbitrators had applied the correct test in law in analysing the facts.

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