Flame SA v Glory Wealth Shipping Pte Ltd (The “Glory Wealth”) – QBD (Comm Ct) (Teare J) [2013] EWHC 3153 (Comm) – 22 October 2013

Charterparty – Damages – Disponent owners accepting charterers’ repudiatory breaches – Whether disponent owners required to prove they could have performed obligations had there been no repudiation in order to recover substantial damages – Construction of contract – Arbitration – Award – Serious irregularity

By a contract of affreightment (COA) dated 19 August 2008 between Flame SA (the charterers) and Glory Wealth Shipping Pte Ltd (the owners), the owners agreed, as “disponent owners of the Glory Wealth to be nominated motorship”, to carry six cargoes of coal in bulk in each of the years 2009, 2010 and 2011.