[1978]DLHC1147 • April 26, 1978 • High Court
JADBRANSKA SLOBODNA PLOVIDRA, SPLIT vs. OYSA LTD.
The claimants, a Yugoslavian company, and the respondents, a Ghanaian limited liability company, entered into a time charterparty agreement for the vessel M.V. Matija Gubec for a West African voyage. The agreement was signed in Hamburg and provided for arbitration in London. The respondents repudiated the charterparty, leading to arbitration where the claimants were awarded damages. The respondents challenged the enforceability of the award, arguing lack of capacity and authority at the time of contract formation.
read moreJUDGMENT OF AMUA-SEKYI J. The claimants are a company registered under the laws of Yugoslavia. The respondents are a limited liability company registered under the laws of Ghana. On 29 August 1976 the claimants, as owners, and the respondents, as charterers, entered into a time-charterparty under which the claimants let and the respondents hired the claimants’ vessel M.V. Matija Gubec for one West African round voyage of about 45 to 55 days without guarantee. The agreement was signed in Hamburg on behalf of the owners by their agents and on behalf of the charterers by brokers on the authority of their European representative, Horst Tessendorf. It is in the English language and in the form approved by the Baltic and International Maritime Conference. Clause (23) of the charterparty provided for arbitration in London in case of dispute. A dispute did in fact arise following the repudiation of the charterparty by the respondents. It seems that after the repudiation of the cha.....