Golden Strait Corporation v Nippon Yusen Kubishika Kaisha
| Jurisdiction | England & Wales |
| Judgment Date | 15 February 2005 |
| Date | 15 February 2005 |
| Court | Queen's Bench Division |
QUEEN'S BENCH DIVISION
Before Mr Justice Langley
Golden Strait Corporation
and
Nippon Yusen Kubishika Kaisha
Shipping - charterparty - repudiation of contract - role of war in calculating damages
Role of war in calculating damages
Where the charterer of a ship repudiated a charter and a subsequent event such as a war meant that the charter would then have been legitimately cancelled anyway, no extreme circumstance was necessary before taking that event into account in calculating damages.
Mr Justice Langley so held in dismissing the appeal of Golden Strait Corporation against the decision of an arbitrator, Mr Robert Gaisford, to allow only limited damages for the repudiation of a charterparty by which it had chartered a ship, the Golden Victory, to the defendants, Nippon Yusen Kubishika Kaisha.
The appellant shipowner had chartered one of its ships to the respondent charterer in July 1998 for seven years. The...
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