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Lloyd's Maritime Law Newsletter

Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (The "Golden Victory") - QBD (Com Ct) (Langley J) - 15 February 2005

Damages - Long-term time charter until December 2005 - Charterers repudiating charter in December 2001 - Available market to owners at date of repudiation - Arbitrator finding that had charter not been terminated charterers would have lawfully cancelled charter under war clause on outbreak of second Gulf war in March 2003 but that war was not inevitable at date of repudiation - Whether tribunal entitled to have regard to events subsequent to repudiation but not predestined at date of repudiation

On 17 July 1998 the vessel Golden Victory was chartered by her owners, Golden Strait Corporation, to NYKK for a period of 7 years with 1 month more or less in charterers' option.

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