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Lloyd's Maritime Law Newsletter

Phoenix Shipping Corporation v. Apex Shipping Corporation (The Apex) - Q.B.D. (Com.Ct.) (Bingham J.) - 25 November 1981)

Arbitration award - Leave to appeal - Whether “one-off” situation

This was an application for leave to appeal under section 1 of the Arbitration Act 1979. The issue was whether owners or charterers should pay any additional war risk premium as a result of the vessel sailing to the Arabian Gulf. Typed clause 53 of the charterparty provided:

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