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The “Tiger Shanghai”, documentation, time bar, Charterers, charterparties, shipping, ports Home Publications Articles Disclose documents or risk time bar Disclose documents or risk time bar Publications Despoina Kafka Published: April 20, 2020 Contact author Download article pdf Image The meaning of “all available supporting documents” In MUR Shipping BV v Louis Dreyfus Company Suisse SA (The Tiger Shanghai) [2019] EWHC 3240 (Comm) the Commercial Court ruled on whether Charterers’ claim for the return of hire paid in advance due to Owners’ breach of charterparty was time barred due to Charterers’ failure to provide Owners with “ all available supporting documents” within the 12 months after the completion of the charterparty required under their contract. This court decision was an appeal against a Declaratory Arbitration Award dated 5 March 2019 when by a majority the Tribunal held that “ Charterers’ claim was time barred and totally extinguished. ” Background Facts MUR (“Charterers”) chartered the vessel “Tiger Shanghai” (the “Vessel”) from Louis Dreyfus (“Owners”) on an amended NYPE time charterparty dated 9 August 2016. The Vessel was scheduled to load a cement clinker cargo at Carboneras, Spain. The loading crane at Carboneras was too short to reach the feeder holes on the Vessel’s starboard side and Charterers accordingly sought Owners’ approval to cut new feeder holes into the hatch covers. Clause 46 of the charterparty provided that Charterers could, at their own expense and time, fit and weld any additional equipment for loading cargo. This would be subject to the Owners' and Master' s approval, which was not to be unreasonably withheld. Owners refused to approve the required work and Charterers in response appointed a surveyor who issued a survey report on the cutting of new feeder holes (the “Survey Report”). When Owners stated that their refusal was “ final and non - negotiable ”, Charterers terminated the charterparty on the grounds that Owners’ unreaso
Disclose documents or risk time bar
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