HYUNDAI MERCHANT MARINE CO LTD V TRAFIGURA BEHEER BV (THE "GAZ ENERGY")

[2011] EWHC 3108, Queen's Bench Division, Commercial court, Mr Justice Flaux, 29 November 2011

Charterparty (time) - Construction - Whether head charterparty containing an all weather warranty or a weather warranty applying only in weather conditions up to a maximum wind strength - Use of subsequent charterparty to construe charterparty at issue

This was the judgment on a preliminary issue as follows: "Whether the head charterparty and the sub-charterparty, on a proper construction of all the documents in which the contractual terms may be found, entered into between the respective parties on 21 November 2005 contained an all weather warranty or a weather warranty applying only in weather conditions up to a maximum of Force 4 on the Beaufort Scale". The relevant head charterparty and sub-charter, concluded on the same day, were on Shelltime 3 terms with additional clauses and Gas Form C. Issues arose as to the speed and consumption of Gaz Energy under the charterparties. The following day, another charterparty had been concluded.