Kodros Shipping Corporation of Monrovia v. Empressa Cubana De Fletes of Havana (The Evia) - Q.B.D. (Com.Ct.) (Robert Goff J.) - 10 June 1981

1979 Arbitration Act - Whether leave to appeal should be given - frustration of charterparty

This was another case involving a vessel trapped in the Shatt-Al-Arab waterway as a result of the Iraq/Iran war. The main issue at arbitration was frustration of the charterparty, the primary facts being virtually identical to the case of International Sea Tankers Inc. of Liberia v. Hemisphere Shipping Co. of Hong Kong (The Wenjaing) ( LMLN No. 42 - 11 June 1981). In the present case, however, the umpire found that the charterparty became frustrated on 4 October 1980.