Carboex SA v Louis Dreyfus Commodities Suisse SA [2011] EWHC 1165 (Comm)

Charterparty (Voyage) – Berth charter – Demurrage – Strike – Vessel delayed in getting into berth due to congestion caused by effects of strike – Whether strike exception applies to the consequences of strike

The facts

By a Contract of Affreightment (the “COA”) dated 6 March 2008 on the AmWelsh voyage charterparty form as amended, the defendant Louis Dreyfus Commodities Suisse SA as owners agreed to charter four vessels to the claimant Carboex SA as charterers for the carriage of coal from Indonesia to Spain. The COA was a berth charter rather than a port charter.