DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The Newcastle Express) - [2022] EWCA Civ 1555, Court of Appeal (Lord Justice Males, Lord Justice Birss and Lord Justice Snowden - 24 November 2022

Charterparty - Whether agreement concluded - Arbitration - Jurisdiction - Separability - Error of law - Arbitration Act 1996, sections 7, 67 and 69

In August 2020 the owner of the vessel Newcastle Express negotiated with the charterer the terms of a proposed voyage charter for a voyage from Newcastle in Australia to Zhoushan in China with a cargo of 130,000 mt of coal in bulk. The negotiations were carried on through a broker. The owner had recently purchased the vessel and had changed managers. It was the owner's intention to have the vessel be inspected by RightShip, a vetting system that sought to identify vessels suitable for the carriage of iron ore and coal.