DHL PROJECT & CHARTERING LTD V GEMINI OCEAN SHIPPING CO LTD

[2022] EWHC 181 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Jacobs, 31 January 2022

Arbitration – Jurisdiction – Error of law – Separability – Arbitration Act 1996, sections 67 and 69

The parties entered into negotiations for a charterparty for the vessel Newcastle Express to take place from 21 to 30 September 2020 from Australia to China. Terms were contained in a recap email dated 25 August 2020, which set out 20 clauses. Clause 17 provided for arbitration in London, with English law as the governing law. A number of other documents were attached to the recap, including a proforma charterparty. There was a “subject” in the terms whereby the vessel was to be approved by a classification society and thereafter the vessel required “shipper/receivers approval”. The inspection was to be conducted on 3 September. The survey was conducted but the results were not given to the shippers so that the “subject” was not lifted and the shippers did not give their approval. The charterers withdrew on 3 September 2020.