DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The “Newcastle Express”) – QBD (Comm Ct) (Jacobs J) [2022] EWHC 181 (Comm) – 31 January 2022

Arbitration – Jurisdiction – Recap email setting out agreed terms of charterparty but stated to be subject to shipper’s approval – Agreed terms including London arbitration clause – Shippers not approving vessel – Whether arbitration agreement concluded

The issue in this case was whether a binding contract and agreement to arbitrate were concluded between the defendant owners of the vessel Newcastle Express and the claimants, who were seeking to charter her. An email dated 25 August 2020 (the recap) concerned a proposed voyage from Newcastle, Australia to Zhoushan, China in late September 2020.