FLAME SA v GLORY WEALTH SHIPPING PTE LTD (THE 'GLORY WEALTH')

摘要

Charterparty - Contract of affreightment -Damages - Disponent owners accepting charterers' repudiatory breaches - Whether disponent owners required to prove they could have performed obligations in order to recover substantial damages - Construction of contract. Arbitration - Award - Serious irregularity -Arbitration Act 1996, section 68. By a contract of affreightment (COA) dated 19 August 2008 between Flame SA (the charterers) and Glory Wealth Shipping Pte Ltd (the owners), the owners agreed, as "disponent owners of the Glory Wealth to be nominated motorship", to carry six cargoes of coal in bulk in each of the years 2009, 2010 and 2011. In the event the charterers failed to declare laycans for the fifth and sixth shipments of 2009 and for all six shipments in 2010.