107. Galaxy Energy International Ltd v Novorossiysk Shipping Co (The “Petr Schmidt”) [1997] 1 Lloyd’s Rep 284; [1998] 2 Lloyd’s Rep 1

Notice of Readiness tendered outside office hours while vessel in fact ready – notice treated as having been given at the commencement of the next working day

The facts

The vessel was to proceed to Tuapse to load gasoil to be carried to one or two Mediterranean ports.

The Asbatankvoy form required Notice of Readiness to load to be given during office hours.

While the vessel was in fact ready and outside of office hours, a Notice of Readiness was electronically transmitted to the charterers.

Relying on Mexico 1, the charterers contended that the Notice of Readiness was a nullity and that laytime only commenced when the vessel actually began loading.

Findings

The arbitrators found in favour of the owners.

Longmore J confirmed the arbitrators’ award.

Mexico 1 was distinguished on the basis that there the vessel was in fact not ready when the Notice of Readiness was given.

An appeal to the Court of Appeal was dismissed.

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