TRAFIGURA MARITIME LOGISTICS PTE LTD V CLEARLAKE SHIPPING PTE LTD

[2020] EWHC 995 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Teare, 27 April 2020

Charterparty (voyage) – Injunctions – Meaning of “forthwith” – Whether court hearing litigation between charterers should decide issue of what security was sufficient for release of vessel from arrest

Injunctions had been granted ordering the defendant voyage charterer, Clearlake, and its sub-voyage charterer Petrobras “forthwith” to provide such bail or other security required to secure the release of the vessel Miracle Hope from arrest in Singapore. Trafigura was its disponent owner. The sub-charterer had required the cargo of crude oil on board the vessel to be delivered without production of the bills of lading in November 2019, triggering a clause in the voyage charterparties requiring the cargo to be released on charterers orders but against a P&I Club letter of indemnity. The cargo had been released and the vessel subsequently arrested by a letter of credit bank. In the present proceedings, Trafigura sought mandatory injunctive relief to enforce the provisions of the voyage charterparty, in particular a security from charterers to enable the release of the vessel. This was the return date of an injunction issued on 24 March 2020. Trafigura sought an amendment to the terms of the order requiring Clearlake to provide, by 24 April 2020 (two days after the hearing), a bank guarantee in the form required by the arresting bank, failing which there should be a payment into the Singapore court within seven working days of the security demanded.