Agip SpA Navigazione Alta a SpA (The Nai Genova and Nai Superba) - Court of Appeal (Oliver, Slade and Robert Goff L.JJ. - 8 December 1983

Escalation clause in charterparty - Whether rectification allowed

The problem at the heart of this case was that some time after a charterparty had been signed and put into effect, the charterers realized that the terms of an important clause were different to what they thought had been agreed during the negotiation stages. The clause actually appearing in the charterparty proved to be somewhat burdensome to the charterers and they sought rectification of that clause.