London Arbitration 18/15

Charterparty – Vessel voyage-chartered by disponent owners – Charterers paying freight on signing bills of lading – Head owners preventing vessel from leaving loadport until disponent owners supplied bunkers and paid discharge port disbursements pursuant to head charterparty – Charterers agreeing to supply bunkers and settle discharge port disbursements – Charterers seeking to recover costs from disponent owners – Whether charterers’ payments a “voluntary act” on basis that cargo interests could have enforced rights against head owners under bill of lading contract

The subject vessel was chartered by disponent owners to the charterers on the Gencon 94 form for the carriage of a cargo of steel products from Russia to Bulgaria. Freight was payable on the intaken quantity of cargo within three banking days after signing bills of lading.