International Sea Tankers Inc. v. Hemisphere Shipping Co. Ltd. (The Wenjiang) - Q.B.D. (Com. Ct.) (Bingham J.) - 16 November 1982

Determining charterparty frustration date where contract frustrated by events consequent on Iran/Iraq war

The Wenjiang was one of 60 vessels trapped in the Shatt-al-Arab as a result of the Iran/Iraq war. She had been chartered to the appellants for twelve months by a timecharter dated 29 February 1980. In September 1980 the Iran/Iraq war broke out and the vessel had remained trapped in the Shatt-al-Arab since then. There was no doubt that the charterparty had become frustrated, but there was a dispute as to the date of frustration. The arbitrator had held that the charterparty was frustrated on 24 November 1980. The charterers challenged that date and contended that frustration occurred on 7 October 1980.