Dalwood Marine Co v Nordana Line A/S (The “Elbrus”) – QBD (Com Ct) (Teare J)– 21 December 2009
Damages – Time charter wrongfully terminated by charterers – No available market at date of termination – Owners concluding substitute fixture - Whether arbitrators entitled to take into account actual and notional earnings during period subsequent to contractual redelivery date of original charter – Whether owners sustained any loss by reason of wrongful termination
The vessel Elbrus was chartered on an amended NYPE 1993 form for a period which, in the event, would have determined on 13 May 2005. On 4 April 2005 the charterers wrongfully terminated the charterparty. At that time the vessel was at Lobito, Angola. But for that repudiation the vessel would have been employed under the charterparty for some 39 days until redelivery at Houston, Texas on 13 May 2005. In the event the only part of that 39 days during which the vessel earned hire was 7 days from 6 May 2005 pursuant to a charterparty with Navimed.
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Michael Daiches, Barrister
Jan 8 2010
