ARTICLE · 07 OCTOBER 2013

Foreign arbitration awards on voyage charterparties enforceable under Australian law

Colin Biggers & Paisley

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The case held that charterparties are not "sea carriage documents" as defined in the Carriage of Goods by Sea Act 1991.

AustraliaTransport

Stuart Hetherington

Adrian Konstantinidis

On 18 September 2013, the Full Federal Court handed down judgment in the appeal in Dampskibsselskabet Norden A/S v Gladstone Civil Group Pty Ltd [2013] FCAFC 107. The Full Court (Buchanan J dissenting) overturned the first instance decision of Foster J and held that charterparties are not "sea carriage documents" as defined in the Carriage of Goods by Sea Act 1991 (Cth) (COGSA).

Dispute over charterer's liability to pay demurrage at both loading and discharging ports

Dampskibsselskabet Norden A/S (DKN) entered into a voyage charterparty with the charterer Gladstone Civil Group Pty Ltd (formerly Beach Building & Civil Group Pty Ltd) for the carriage of coal from Australia to China. The terms of the voyage charterparty required the parties to submit to arbitration in London in the event of any dispute arising out of the voyage charterparty.

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