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10 Aug 2023

Commodities in Focus Weekly: Smart Gain Shipping Co. Ltd v Langlois Enterprises Ltd [2023] EWHC 1683 (Comm)

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On 5 July 2023 the High Court handed down its judgment in Smart Gain Shipping Co. Ltd v Langlois Enterprises Ltd [2023] EWHC 1683 (Comm). The LMAA tribunal found for Owners in the first instance and permission to appeal under section 69 of the Arbitration Act 1996 was given to Charterers in respect of the proper interpretation of a rider clause providing for the allocation of responsibility for hull cleaning. Specifically, the court was tasked with determining whether Owners were entitled to claim the hire rate (and expense) for the time used to clean the vessel's hull after redelivery or whether they were confined to a claim in damages for breach of the charterparty.

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