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“Golden Victory” Nippon Yusen Kubishiki Kaisha -v- Golden Strait Corporation

28th Mar 2007

[2007] 2 Lloyd’s Rep. 14; [2005] 1 Lloyd’s Rep. 443 (CoA); [2003] EWHC 16 (Comm)

David Allen – Damages: repudiatory breach of charterparty in 2001 – outbreak of war in 2003 – whether the charterparty war clause served to cap damages, the date for assessing damages in contract

Charterparty (Time) – Damages – Each party having right to cancel charter in event of war between UK and Iraq – Charterparty to terminate in 2005 – Repudiation of charterparty by charterers in 2001 – War breaking out in 2003 – Owner’s measure of damages – Whether damages ran from date of repudiation to outbreak of war in 2003 or from date of repudiation to later date on which charterparty due to terminate – Arbitration Act 1996, section 69

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