Lloyd's Maritime Law Newsletter
Kodros Shipping Corporation v. Empresa Cubana De Fletes (The Evia) - Q.B.D. (Com. Ct.) (Robert Goff J.) - 31 July 1981
Charterparty - Whether frustrated by Iran/Iraq war - Whether frustration self-induced
Kodros were the owners of the vessel
Evia
. By a time charterparty on the Baltime form dated 12 November 1979 Empresa Cubana chartered the vessel for a period of 18
months, two months more or less at charterers’ option. The date of expiry of the chartered service would have been 20 May
1981. In March 1980 the charterers ordered the vessel to load a cargo in Cuba for carriage to Basrah. The
Evia
subsequently became trapped in the Shatt-al-Arab waterway as a result of the Iran/Iraq war. On 25 October 1980 the charterers
claimed that the charterparty had become frustrated and stopped paying hire as from 5 October.