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“Gaz Energy” Hyundai Merchant Marine Company Limited v Trafigura Beheer B.V.

29th Nov 2011

Stephen Kenny QC acted in this charterparty construction dispute for the claimant charterers, Hyundai Merchant Marine,. The preliminary issue to be determined was whether that the relevant speed and consumption guarantees in a chain of charterparties had only promised the guaranteed level of performance in good weather (BF4 and below) , or in all weathers. Flaux J found that “good weather” language found in the contractually incorporated description of the vessel (Gas Form C) could not displace the “all weathers” terminology in the standard Shelltime 3 form. The guarantees were therefore “all weather” guarantees.

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