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Charterers’ option to renominate discharge port not curtailed by having given notice of readiness or being on demurrage

The Facts

The vessel was let on an Asbatankvoy form with the following material provisions:

Loading ports: one or two safe ports, Soviet Black Sea

Discharging ports: one or two safe ports United Kingdom / Eire, Continent, Gibraltar / Hamburg range / Sardinia including Denmark

always maximum three ports total load and discharge …

charterer shall have the right to change at any time its nomination of the loading and/or the discharging ports in accordance with part 1 of this charterparty … charterer shall have the right to order the vessel to interrupt her voyage at any time during the laden transit and await further orders…

The vessel loaded at Batumi and was instructed to proceed to Livorno, Italy to discharge full cargo. Later the charterers changed the disport to Porto Torres, Sardinia.

The vessel arrived at Porto Torres and tendered notice of readiness. There were no receivers to take delivery and the vessel did not berth at Porto Torres.

Charterers then ordered the vessel to proceed to the US East Coast (New York) for orders.

Owners objected and charterers then instructed the vessel to discharge at Genoa.

By agreement the competence of the last two orders was tried by the Commercial Court.


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Charter Party Casebook