CVLC THREE CARRIER CORPORATION AND ANOTHER v ARAB MARITIME PETROLEUM TRANSPORT CO (THE “ANBAR” AND THE “HILLAH”)

[2021] Lloyd's Rep. Plus 91

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mrs Justice Cockerill

Contract – Guarantee – Third party guaranteeing charterer’s obligations under charterparty as primary obligor – Guarantee expressed to be in consideration of owners entering into charterparty – Owners bringing arbitration proceedings against guarantor based on alleged breaches by charterers – Owners applying to foreign court for arrest of vessel owned by guarantor as security for claim under guarantee – Whether implied term of guarantee that owners would not seek security over and above that provided by the contracts of guarantee and indemnity.