Swissmarine Services SA v. Gupta Coal India Private
Limited [2015] EWHC 265 (Comm)
This was a dispute arising out of a contract of affreightment
("COA"). The Court awarded the Owners damages for breach
of the COA. These, however, were calculated by reference to
prevailing market rates on the last date on which, by virtue of the
Owners' indulgence, the non-performing Charterers could have
performed, rather than by reference to the prevailing rates at the
times that the voyages should originally have been performed.
The background facts
The COA was for six shipments of coal from Richards Bay to
India. Two shipments were to be spread in 2011 and four in
2012.
The Charterers made the first two nominations under the COA but,
by February 2012, were having difficulties in despatching the cargo
from the discharge port. The Owners took the position that they
expected the Charterers to perform and that they would take legal
action if the contract was breached.
