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CVLC Three Carrier Corporation and Another v Arab Maritime Petroleum Transport Co (The “Anbar” and The “Hillah”) – QBD (Comm Ct) (Cockerill J) [2021] EWHC 551 (Comm) – 11 March 2021

Lloyd's Maritime Law Newsletter

CVLC Three Carrier Corporation and Another v Arab Maritime Petroleum Transport Co (The “Anbar” and The “Hillah”) – QBD (Comm Ct) (Cockerill J) [2021] EWHC 551 (Comm) – 11 March 2021

Contract – Guarantee – Third party guaranteeing charterer’s obligations under charterparty as primary obligor – Guarantee expressed to be in consideration of owners entering into charterparty – Owners bringing arbitration proceedings against guarantor based on alleged breaches by charterers – Owners applying to foreign court for arrest of vessel owned by guarantor as security for claim under guarantee – Whether implied term of guarantee that owners would not seek security over and above that provided by the contracts of guarantee and indemnity

The appellants were the owners of the vessels Anbar and Hillah. The owners had bareboat-chartered the vessels to charterers and had taken guarantees from the respondent guarantor (AMPTC). AMPTC stood as the primary obligor under the guarantees, not surety for the charterer. The guarantees, were expressed to be given as consideration by AMPTC to the owners for entering into the charterparties with the charterer.

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