Singapore Arbitration 1/15

Carriage of goods by sea – Bill of lading contract providing for freight payable “as per charterparty” – Owners bringing claim against shippers for balance of freight due under head charter – Whether bill of lading incorporated head charterparty terms – Whether shippers entitled to rely on section 3(1) of English COGSA 1992 – Whether English law applied – Whether owners failed to exercise due diligence – Whether tribunal had jurisdiction to determine dispute

The vessel was chartered by her owners to C1, a bona fide company. The fixture was negotiated through a Mr X who purported to be acting on behalf of C1 but who, it subsequently turned out, had no connection with them at all.