Herculito Maritime Ltd and Others v Gunvor International BV and Others (The “Polar”) – Court of Appeal (Peter Jackson and Males LJJ and Sir Patrick Elias) [2021] EWCA Civ 1828 – 1 December 2021

General average – Vessel held to ransom by pirates in Gulf of Aden – Shipowners seeking to recover ransom payment from bill of lading holders – Whether charterparty provision for charterers to pay war risk and ransom insurance premiums incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders

Whilst transiting the Gulf of Aden the vessel Polar was seized by pirates and held for ransom. The cargo underwriters provided a general average guarantee and the cargo owners provided a general average bond. In due course a claim was made by the shipowners and the underwriters under the GA bond and GA guarantee, which claim was referred to arbitration.