Marc Rich & Co AG v Beogradska Plovidba (The “Avala”) - QBD(Com Ct)(Tuckey J) - 21 April 1994

Appeal from arbitration award - Whether question of law ariseswhere point was the subject of a concession at hearing

Disputes arose out of a voyage charter whereby the vesselAvala carried a cargo of coal from Maputo to Iskenderun, Turkey.The charterers acted in breach of contract by shipping adangerous cargo, with the result that the vessel was detained inMaputo and then in Durban while the problem with the coal wassorted out. The charter was terminated on 7 November 1990 and thecargo of coal was sold by the owners with leave of the SouthAfrican Admiralty Court. The new purchaser then chartered thevessel to carry the coal to Flushing, whence it sailed on 26December, completing discharge on 28 January 1991.