Laysun Service Co Ltd v Del Monte International GmbH [2022] EWHC 699 (Comm) (Calver J) – 28 March 2022

Charterparty – Force majeure – Appeal against arbitration award finding force majeure event – Whether question of law involved – Arbitration Act 1996, section 69

Under a contract of affreightment (COA) dated 29 December 2017 the charterers, Del Monte, chartered a vessel from the owners, Laysun, for the carriage of refrigerated bananas from the Philippines to Bandar Bushehr in Iran for 36 voyages between 1 January 2018 to 31 December 2018. The COA provided Del Monte was to bear the cost and risks of loading and unloading. There was also a force majeure clause applicable to “any circumstances beyond the reasonable control of that party that prevents such party, practically or legally, from performing any or all of its obligations under this Agreement …”