Atlantic Maritime Enterprises Corp v Hong Kong Borneo Services Co Ltd - Before Alexis Nichols, Michael A van Gelder, Evangelos Venturas (Chair) - 30 August 1995 SMA No 3208

Telex confirming fixture “sub dets and sub wording of the L/C” - Whether charterparty fixture concluded

Brokers acting on behalf of shipowners Hong Kong Borneo Services (“HK Borneo”) entered into negotiations for the time chartering of one of their vessels. Brokers acting on behalf of Atlantic Maritime Enterprises (“Atlantic”) showed an interest in the vessel, and negotiations began from 25 January 1988. On 3 February, Atlantic’s brokers telexed a detailed message to intermediate brokers confirming that charterer had confirmed owner’s last counter and that there was a fixture “sub dets and sub wording of the L/C”. Agreement had been reached on hire rates and periods, including optional periods and charterer’s option to purchase the vessel after two years on time charter. That message contained the following opening language: “Chrtrs pleased to confirm owners last counter and we consequently fixed sub dets and sub wording of the L/C recap as follows....”