GOLDEN STRAIT CORPORATION v NIPPON YUSEN KUBISHKA KAISHA (THE “GOLDEN VICTORY”)

[2007] 2 Lloyd's Rep. 164

HOUSE OF LORDS

Before Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Carswell and Lord Brown of Eaton-under-Heywood

Charterparty (Time) - Damages - Each party having right to cancel charter in event of war between UK and Iraq - Charterparty to terminate in 2005 - Repudiation of charterparty by charterers in 2001 - War breaking out in 2003 - Owner’s measure of damages - Whether damages ran from date of repudiation to outbreak of war in 2003 or from date of repudiation to later date on which charterparty due to terminate - Arbitration Act 1996, section 69.