Lloyd's Law Reporter
STX PAN OCEAN CO LTD (Formerly known as "PAN OCEAN SHIPPING CO LTD") v UGLAND BULK TRANSPORT A.S.(‘THE LIVANITA’)
[2007] EWHC 1317 (Comm) Queen’s Bench Division, Commercial Court, Mr Justice Langley, 6 June 2007
Charterparties – Time trip Charter – NYPE form - Safe port warranty – Named loading or discharging port – Factual matrix - Appeal of arbitration award
There was no inherent inconsistency between a safe port warranty and a named loading or discharging port. As for the factual matrix, neither party knew or ought reasonably to have anticipated anything about the likely conditions at the loadport more than the other, nor that either knew or should reasonably have known that the loadport was unsafe at the time the charter was entered into.