London Arbitration 27/16

Practice – Evidence – Without prejudice privilege – Whether evidence of negotiations admissible on issue of whether charterers in renunciatory breach of charter – Whether genuine “dispute”

On 24 March 2008 the respondent time charterers (the charterers) chartered the subject vessel from the claimant disponent owners (the owners) on the NYPE form for a period of 118 to 122 months. The vessel had previously been chartered out by the head owners (the head owners) to the owners in July 2007 on essentially the same terms, save that the hire rate was lower.