London Arbitration 2/21

Contract – Implied term – Quantum meruit – Claimants agreeing to tranship quantity of bauxite in bulk from respondents’ anchored vessel – Contract providing for payment of storage charges at daily rate of US$1,000 per “one barge” irrespective of quantity carried – Parties agreeing addendum to provide for increase in amount transhipped – Claimants providing larger seagoing vessel to tranship additional quantity – Addendum not making express provision for storage charges – Whether implied term that storage rate would increase – Whether claimants entitled to quantum meruit at increased storage rate

On 10 March the claimants concluded a contract with the respondents whereby the claimants agreed to tranship, transport and, if necessary, store quantities of bauxite in bulk from the respondents’ sea-going vessel (Vessel X) anchored 12 nm outside the port of Odessa to Dnepro-Bugskiy sea port in Ukraine, and there deliver them to the receiver nominated by the respondents. Clause 1.2 of the contract provided for lightering of a minimum of 12,000 mt of bauxite.