24/03/2022
In the recent case of DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWHC 181 the Commercial Court held that the parties had not concluded a binding contract after conditions to which the charterparty fixture was subject had not been ‘lifted’. As a result, the arbitration agreement contained in the charter party did not apply and the arbitration award was set aside on the basis that the arbitrator did not have jurisdiction.