近期，Navalmar UK Ltd v Kale Maden Hammaddeler Sanayi ve Ticaret AS (The “Arundel Castle”) – QBD (Comm Ct) (Knowles J) [2017] EWHC 116 (Comm)案于2017年1月31日判决，该案涉及“到达船舶”问题，船东对仲裁裁决提起的上诉被驳回。
本案中，船舶前往装货港，克里什纳帕特南(Krishnapatnam)。当时港口拥挤，船舶不能直接靠泊。船舶在港口当局指定的位置抛锚。船东递交装卸准备就绪通知书。随后发生了滞期费索赔。船东律师未向仲裁员提交大量港口相关材料。
详细信息请参阅附件。
ARRIVED SHIP – Has the law changed?
In recent case of 31 January, 2017, Navalmar UK Ltd v Kale Maden Hammaddeler Sanayi ve Ticaret AS (The “Arundel Castle”) – QBD (Comm Ct) (Knowles J) [2017] EWHC 116 (Comm) , the Owners had lost an appeal from the arbitration award in relation to the issue of ‘arrived ship.’
In this case, the vessel proceeded to the loading port, Krishnapatnam. The port was congested, and the vessel was unable to proceed straight to berth. She anchored at a location directed by the Port Authority. The owners gave a Notice of Readiness. A demurrage claim followed. The lawyers acting for the Owners did not provide lots of materials about the port to the arbitrators.
See attached file: ALCO20170004 ARRIVED SHIP – Has the law changed ?.pdf
