Seaglance Maritime v Casillo Commodities Italia SpA (The “Proikonissos”) – QBD (Comm Ct) (Popplewell J) [2015] EWHC 1369 (Comm) – 23 January 2015

Charterparty – Cargo of milling wheat found to be contaminated with soya bean meal on discharge – Owners, charterers and cargo receivers concluding tripartite agreement – Clause 4(b) of tripartite settlement agreement providing for specified consequences in event of a finding by “an English Arbitration tribunal” that owners were not liable for the contamination – Whether clause 4(b) capable of being triggered by finding made in arbitration reference to which charterers were not a party

The defendant charterers (Casillo) sold a cargo of milling wheat to North Star Co ICC (North Star) for delivery in Libya. Casillo chartered the vessel Proikonissos from the claimant owners (Seaglance) to fulfil the sale contract. The charterparty contained a London arbitration clause.