TRIAD SHIPPING CO. v. STELLAR CHARTERING & BROKERAGE INC. (THE “ISLAND ARCHON”)

[1994] 2 Lloyd's Rep. 227

COURT OF APPEAL

Before Sir Donald Nicholls V.-C., Lord Justice Mann and Lord Justice Evans

Charter-party(Time) - Indemnity - Implied term - Owners incurred loss in complying with charterers’ orders - Whether owners entitled to be indemnified by charterers for such loss - Whether term should be implied. Arbitration - Jurisdiction - Cargo claims - Whether reference to arbitration in respect of “cargo claims” wide enough to cover claims owners wished to advance - Whether claims included claims in respect of which arbitrator refused leave to amend - Whether claims abandoned - Whether owners entitled to an indemnity from charterers.