International Sea Tankers Inc. v. Hemisphere Shipping Co. Ltd. (The Wenjiang) - Court of Appeal (Lord Denning M.R., Dunn and Fox L.JJ.) - 1 December 1981

Arbitrators differ over charterparty frustration dates - Whether leave to appeal should be granted

The Wenjiang was one of 60 ships trapped in the Shatt-al-Arab as a result of the Iran-Iraq war. The arbitrator had found that the charterparty had become frustrated on 24 November 1980. Robert Goff J. granted leave to appeal from the arbitrator’s decision under section 1 of the Arbitration Act 1979 (see LMLN 42). The owners of the Wenjiang now appealed against the judge’s decision to grant leave to appeal.