YAMASHITA SHINNIHON STEAMSHIP CO. LTD. v. ELIOS S.P.A. (THE "LILY PRIMA")

[1976] 2 Lloyd's Rep. 487

COURT OF APPEAL

Before Lord Justice Cairns, Lord Justice Stephenson and Lord Justice Bridge

Charter-party (Time) - Measure of damages - Vessel chartered for 24 trips "with an interval of about 90/110 days" - Interval between 8/9th voyage 227 days - 9th voyage unable to be performed - Whether charterers entitled to (i) damages based on costs of procuring substitute tonnage or (ii) difference in value to charterers of vessel. Arbitration - Special case - Misconduct - Arbitrators refused to reopen hearing on new contention - Whether award should be remitted to arbitrators.