GOLDEN STRAIT CORPORATION v NIPPON YUSEN KUBISHKA KAISHA (THE “GOLDEN VICTORY”)

[2007] Lloyd's Rep. Plus 54

HOUSE OF LORDS

Before Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Carswell and Lord Brown of Eaton-under-Heywood

Charterparty (Time) – Damages – Each party having right to cancel charter in event of war between UK and Iraq – Charterparty to terminate in 2005 – Repudiation of charterparty by charterers in 2001 – War breaking out in 2003 – Owner’s measure of damages – Whether damages ran from date of repudiation to outbreak of war in 2003 or from date of repudiation to later date on which charterparty due to terminate – Arbitration Act 1996, section 69.