TTMI Sarl v Statoil ASA (The "Sibohelle") - QBD (Com Ct)(Beatson J) - 9 May 2011

Emmet Coldrick (Clyde & Co) for TTMI; Peter MacDonald Eggers (Winter Scott) for Statoil.

(2011) 823 LMLN 2

Arbitration - Jurisdiction - Claimant owners bringing demurrage claim - Claimants relying on Shellvoy 5 form containing London arbitration clause - No charterparty drawn up - Defendants disputing they had concluded a contract with claimants and relying on fixture recap which specified a different party as owners - Whether binding charterparty concluded - Whether charterparty created by performance - Whether arbitrator had jurisdiction to determine demurrage claim

In October 2005 the claimant (“TTMI”) was the tanker chartering arm of the Sempra group, the ultimate parent company of which was Sempra Energy USA, a Californian company. On 12 October 2005 TTMI chartered in the vessel Sibohelle and instructed brokers (“Galbraith’s”), to sub-charter the vessel on the spot market. The defendant (“Statoil”), a Norwegian company, was interested in a sub-charter.