London Arbitration 18/97

Charterparty - Fixture negotiations - Whether parties had agreed to incorporate a clause excluding USA trading

The issue was whether the parties had, during the course of the fixture negotiations, agreed to incorporate a clause excluding USA trading. The shipowners considered that such a clause had been incorporated, and that they were accordingly not obliged to comply with orders given by the charterers to proceed to a US port. The charterers contended that no such clause had been incorporated.