Silver Constellation

  • Date: 01/01/2008

.During the charter negotiations, the charterer sought to include a requirement that the owner obtain approval for the ship under the RightShip private vetting scheme but this was declined by the owner. Several years later the charterer sought to argue that RightShip approval was so pervasive in the dry bulk trade that it was an unspoken contractual requirement.

The dispute was referred to arbitration, and the tribunal found in the charterer's favour. The award was overturned by the English Court in a ruling which established that express wording is required in a charterparty to place an owner under an obligation to comply with the private and commercial requirements of a charterer, as opposed to its legal obligations

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