London Arbitration 19/00

Charterparty negotiations - Whether fixture concluded - Whether charterers entitled to refuse to load cargo on basis that vessel had pontoon hatchcovers and not MacGregor hatchcovers - Whether principles of equitable estoppel relevant

The vessel (‘vessel X’), a handy-sized bulk carrier of 26,798 mts deadweight was discharging in Iraq when her owners began to negotiate the terms of a following cargo of alumina in bulk from Goa, India for discharge at Vanino, Pacific Russia. The fixture was to be based on the terms of the charterparty dated 10 July between the same owners and charterers for another bulk carrier (‘vessel Y’) for a similar alumina cargo from Goa to Vanino. The owners contended that a fixture had resulted on or about 18 August by which vessel X was fixed for the carriage of 21,000 mts bulk alumina from Goa to Vanino, with laydays of 27 August and on terms as set out under a charterparty dated 18 August on an amended Gencon form. The charterers said that no fixture had resulted.