Finmoon Ltd and Anr v Baltic Reefers Management Ltd and Ors - QBD (Com Ct)(Eder J) - 17 April 2012

Charterparty – Contract of affreightment – Whether concluded by conduct – Carriage of goods by sea – Bills of lading cancelled and reissued – Whether bills were contracts of carriage or mere receipts – Arbitration – Whether arbitration validly commenced – Agency – Undisclosed principal – Whether party to arbitration

The second claimant (“Megafruit”), a Russian company, imported bananas from Ecuador by weekly shipments on reefer vessels. The first claimant (“Finmoon”) made the shipping arrangements for Megafruit. From the second half of 2006, the carrying vessels were chartered by Finmoon and were supplied by the first defendant (“BRM”). BRM was the disponent owner of three of the ships (“the TBU vessels”). The other vessels were owned by separate registered companies which were the named second to ninth defendants and were managed by BRM (“the Baltic owners”).