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ARTICLE · 21 OCTOBER 2014

Australian Court Recognises English Arbitration Award

A shipowner headquartered in Singapore entered into a contract of affreightment with an Indian company for the shipment of six annual cargoes of coal in the shipowner 's vessels.

BrazilLitigation, Mediation & Arbitration
Kincaid Mendes Vianna Advogados
Kincaid Mendes Vianna Advogados

A shipowner headquartered in Singapore entered into a contract of affreightment (COA) with an Indian company for the shipment of six annual cargoes of coal in the shipowner ´s vessels. 

In 2009, the shipowner went into liquidation and as a result since this year until the end of the contract the Indian company no longer mentioned the cargo shipments, as stipulated in the contract entered into between the companies. 

In view of the above scenario, the shipowner incepted  an arbitration proceeding in London, according to the rules set out  by the COA, requesting that the Indian company´s  breach of contract  were typified, and, as a consequence,  an award of damages for the  losses sustained by the shipowner.

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