Pacific Basin IHX Ltd v Bulkhandling Handymax AS (The “Triton Lark”) – QBD (Com Ct)(Teare J) – 8 November 2011

Charterparty – CONWARTIME 1993 – Charterers instructing vessel to carry cargo via Suez and Gulf of Aden – Vessel proceeded via Cape of Good Hope because of risk of piracy – Whether owners entitled to extra cost of proceeding via Cape of Good Hope – Whether passage round Cape of Good Hope constituted a deviation

The vessel Triton Lark was chartered by Pacific Basin (“the charterers”) from disponent owners Bulkhandling (“the owners”) on the NYPE form incorporating the BIMCO Standard War Risk Clause for Time Charters – CONWARTIME 1993. The charterers instructed the vessel to carry a cargo of potash from Hamburg to China via Suez and the Gulf of Aden. The owners refused to proceed via Suez and the Gulf of Aden on account of a risk from pirates and instead proceeded via the Cape of Good Hope. The extra cost incurred was US$462,221.40.