With a premature and otherwise invalid NOR, failure to re-tender, waiver, estoppel, cancellation, damages for repudiatory breach, force majeure, counterclaim for unclean holds and nearly US$ 2.8 million in dispute, London Arbitration 13/19 [(2019) 1031 LMLN 3] is a very striking Award.
In our post on 13 May, where valid NOR tender was key, we referred in outline to the “HAPPY DAY” ( EWCA Civ 1068).
With NOR again centre stage and nearly $175,000 at stake, London Arbitration 12/19 [(2019) 1030 LMLN 3] considered the related “MEXICO 1” ( 1 Lloyd’s Rep 507) and one force majeure and two WWD issues.
Tender of a valid NOR is usually vital in order to trigger the start of laytime, and those who fail often resort to notions of estoppel and ostensible agency, matters which also arose in “Who Is Whose Broker?”, posted on 14th December 2018.
In our 19/3/18 post on London Arbitration 23/17 [(2017) 986 LMLN 1] we looked briefly at force majeure, noting that it is not an all-purpose protection but a contractual term, and that those seeking to use it must come within its reach.
The award in London Arbitration 20/18 [(2018) 1012 LMLN 2] is a reminder on several often related matters, as it considers demurrage amid breach of charterparty, non payment of freight, tender of NOR and later valid exercise of lien.
At first it looks like just another time limitation wrangle, but London Arbitration 19/18 [(2018) 1010 LMLN 3] also offers insight into differing roles within a familiar broking structure and a brief look at some of the law of agency.