SEATRADE GROUP NV V HAKAN AGRO DMCC (THE "ACONCAGUA BAY")

[2018] EWHC 654 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Robin Knowles CBE, 26 March 2018

Charterparty (voyage) - Berth - Meaning of term "always accessible" - Vessel unable to depart upon completion of loading due to damaged infrastructure

A vessel under a voyage charterparty was to undertake carriage of a cargo from the US Gulf to The Republic of Congo and Angola. While she was loading, a bridge and lock were damaged, so that upon completion of loading she was delayed for a further 14 days. In arbitration, the issue arose as to the meaning of the term "always accessible" and whether it required that the vessel be able to both enter and depart from the berth. Disponent owners argued that "always" conferred a sense of continuity, whereas charterers argued that the term addressed charterers' requirements of owners as to where the vessel would come and what it would do.