COBELFRET BULK CARRIERS NV V SWISSMARINE SERVICES SA (THE "LOWLANDS ORCHID")

[2009] EWHC 2883 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Beatson, 13 November 2009

Charterparty (voyage) - Demurrage - Whether laytime counted - Recap fixture stipulated discharge rate "SHINC" - Pro forma charterparty excluded "super holidays" - Incorporation of pro forma charterparty into fixture recap - Whether printed terms contradicted negotiated terms

A voyage charterparty on "Eurosailor" terms between the parties for MV Lowlands Orchid for coal in bulk from Richard's Bay Coal Terminal to Rotterdam and Immingham resulted in a claim by owners for demurrage in respect of the discharge of cargo at Immingham, and a claim by charterers for dispatch money. The dispute was whether the words in clause 63 of "Eurosailor" "25,000 metric tons Sundays and Holidays included, excluding Super Holidays" were inconsistent with the fixture recap's words "25,000 MT SHINC". Arbitrators rejected the claim of the owners and accepted the claim of charterers for dispatch money. This was the owners' appeal of the arbitrators' award. Beatson J dismissed the owners' appeal and held that there was no clear and irreconcilable conflict between the two provisions. The clause in the pro forma charterparty qualified the H in "SHINC" in the recap fixture so as to exclude super holidays. Anyone reading the phrase "25,000 MT SHINC" in the recap would know that it did not contain the entirety of the contractual provisions relating to laytime.