London Arbitration 5/96

Contract - Whether charterparty repudiated by charterers - Whether charterers entitled to rely on force majeure clause in connection with shippers’ failure to provide cargo

The vessel was chartered to carry a cargo of 19,000 metric tons of used rails from Ilichevsk to Philadelphia. The laycan dates were 22/28 December. At the date of the fixture the vessel was nearing Nemrut Bay, Turkey, where she arrived on 15 December and commenced discharging her in-bound cargo. The vessel completed discharging at Nemrut Bay on 21 December and moved to anchorage shortly before midnight. At midday on 22 December the vessel commenced her passage for Ilichevsk. She was then positioned to arrive at Ilichevsk pm on 24 December, in accordance with a “definite 48 hour notice” of ETA given on that day.