In the recent case of Louis Dreyfus Commodities Suisse SA v. MT Maritime Management BV (MTM Hong Kong). [2015] EWHC 2505 (Comm), the Charterer repudiated a voyage charterparty and the Owners then had to look for another voyage fixture to mitigated their loss.
In this case, the Owners and the Charterers entered into a voyage charter for the carriage of vegoil from two safe ports/berths within a range of load ports in South America, to one safe berth at 1-4 safe ports Gibraltar-Rotterdam range. The Charterers terminated the voyage charterparty. The vessel then continued towards South America from the West African coast as the Owners thought this was the best place to find a substitute fixture. The Owners were found to have acted reasonably (in arbitration) in doing so as there were no substitute fixture available in that coast.
See attached file: ALCO20150046 Wow! Owners can recover more damages now!.pdf
好消息,船东或能获得更多赔偿!
在最近的一起案件Louis Dreyfus Commodities Suisse SA v. MT Maritime Management BV (MTM Hong Kong) [2015] EWHC 2505 (Comm)中,租家在一个程租合同下毁约,船东不得不寻找另外的航次以减小他们的损失。
本案中,船东和租家签订了主要内容如下的程租合同:“carriage of vegoil from two safe ports/berths within a range of load ports in South America, to one safe berth at 1-4 safe ports Gibraltar-Rotterdam range”。租家终止了合同。此后船舶继续从西非向南美航行,因为船东认为在那里最容易找到替代航次。船东此举(在仲裁中)被认为是合理的,因为在非洲西岸没有可供选择的替代航次。
详细信息请参阅附件。

