Too Smart for Your Own Good: Sometimes Being Right Does Not Make You Whole | ZFZ Postcard Cases

In Alpha Marine Corp. v. Minmetals Logistics Zhejiang Co. Ltd., owners claimed against charterers under a time charterparty (CP).

Owners demanded payment of freight from shippers to satisfy the alleged debt. Shippers didn’t know who to pay: Owners under the bill, or charterers under the voyage CP? Shippers made partial payment into escrow and then went bust.

Charterers claimed that owners’ demands for the freight were unlawful and were the cause of the delayed/reduced payment.

Owners said they were entitled to take the freight. Charterers argued that a time CP contains an implied term that owners could only exercise this right where they were owed money by charterers.

The High Court found no such implied term – reinforcing an owners’ right to demand freight directly.

For details, reach out to Eva-Maria Mayer.

Read more on this decision here.