Americas Bulk Transport Ltd v Cosco Bulk Carrier Ltd (The “Grand Fortune”) – QBD (Comm Ct) (HHJ Pelling QC, sitting as a Judge of the High Court) [2020] EWHC 147 (Comm) – 30 January 2020

Arbitration – Jurisdiction – Sub-charter evidenced by fixture recap incorporating terms of head charterparty – Disponent owner not identified in recap – Arbitration commenced by assignee of head charterer claiming payment of hire against sub-charterer – Whether valid arbitration agreement – Sub-charterer disputing identity of disponent owner – Whether arbitration tribunal lacked jurisdiction

Cosco Bulk Carriers Ltd (Cosco) were the disponent owners of the vessel Grand Fortune. On 15 November 2007 Cosco chartered the vessel to Britannia Bulkers A/S (Bulkers) under a charter containing a London arbitration clause (referred to as the Head Charter). Bulkers’ obligations under the Head Charter were guaranteed by Britannia Bulk plc (Bulk). Bulkers was a wholly owned subsidiary of Bulk.