Source: All England Reporter
Publisher Citation: [2012] All ER (D) 58 (Aug)
Neutral Citation: [2012] EWHC 2339 (Comm)
Court: Queen's Bench Division, Commercial Court

Christopher Clarke J

Representation Henry Byam-Cook (instructed by Holman Fenwick Willan LLP) for SPO.
  Julian Kenny (instructed by Reed Smith LLP) for STG.
Judgment Dates: 8 August 2012


Shipping - Charterparty - Arbitration - Head owner paying United States gross transportation tax for vessel's stops during charterparty - Charterer reimbursing owner - First arbitration tribunal holding first sub-charterer liable to reimburse charterer - Second arbitration tribunal holding first and second sub-charterers not being entitled to reimbursement from successive sub-charterers - Tribunals relying on circular in construing charterparty clause - First and second sub-charterers appealing - Whether tribunals justified in taking circular into account - Whether first and second sub-charterers entitled to reimbursement - Whether charterparty clause exclusively governing tax.

The Case

Shipping Charterparty. The Commercial Court overturned one arbitration tribunal's decision and upheld a second, on the basis of their conclusions on the proper construction of a US Tax Reform 1989 clause included in a charterparty as drafted by the Documentary Committee of The Baltic and International Maritime Council.

Practice Areas

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