QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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L |
Appellant |
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- and - |
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A |
Respondent |
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Mr Brian Dye (instructed by Zaiwalla & Co LLP) for the Respondent
Hearing dates: 7 April 2016
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Crown Copyright ©
Mr Justice Knowles :
Introduction
Hearing the application for permission to appeal and the substantive appeal
The facts
"In case of 'clean on board' Bills of Lading to be issued, Master has the right to reject damaged cargo which might clause the Bills of Lading and Charterers to replace same with sound cargo at Charterers' time/risks/expenses."
The arbitration
"However, since the Indian proceedings arising out of the claim by [the port operator] had not been finally resolved, it seemed to us that [L] … were not in a position to ask for an award of an indemnity in a specific monetary sum".
"Since … the appeal to the Indian High Court had simply been adjourned … and all the indications were that [L] intended to pursue the appeal to a conclusion, we concluded … that [L] were not in a position to ask for an Award for an indemnity in a specific sum. … [W]e could not see how it was appropriate to grant the relief sought by way of an indemnity when the possibility of a successful appeal on liability remained open."
The point at issue
Determination on this appeal
Conclusion