Kuwait Supply Company v Oyster Marine Management Inc (The “Safeer”) (Rix J) - 3 November 1993

Cargo seized by Iraqi authorities during discharge after invasion of Kuwait - Whether charterparty frustrated - Construction of War Risks clause

The vessel Safeer was chartered by the plaintiffs (“KSC”) to carry a cargo of bagged rice from Kandla to Kuwait under a charterparty dated 7 July 1990. On 31 July 1990 the vessel arrived at Kuwait and commenced discharge under the directions of KSC on the same date. At 0200 on 2 August Iraq invaded Kuwait, and the invasion was more or less accomplished within 24 hours. Meanwhile the vessel remained idle, guarded by Iraqi soldiers, until 11 August when discharge recommenced under orders of the Iraqi military authorities which had been given on 10 August. Discharge was completed at 1730 on 1 September.