Swissmarine Services SA v Gupta Coal India Private Ltd - QBD (Comm Ct) (HHJ Mackie QC sitting as a Deputy Judge of the High Court) [2015] EWHC 265 (Comm) - 15 January 2015

Charterparty - Contract of affreightment - Damages - Charterer failing to nominate shipments - Owner accepting charterer's conduct as wrongful repudiation - Owner bringing proceedings in England claiming damages - Charterer bringing proceedings in India in breach of English jurisdiction clause - Measure of damages recoverable by owner

The claimant owner alleged that it concluded a contract of affreightment with the defendant charterer on 3 October 2011 for six shipments of coal from Richards Bay Coal Terminal, South Africa, to Krishnapatnam or Revdanda, India, and that the contract contained an exclusive English jurisdiction clause.