Issue 4, 2008 - RightShip Approval

The English High Court has now handed down a judgment on the dispute as to whether an owner was obliged to secure RightShip approval throughout the course of a charterparty in the absence of any express contractual obligation to do so.

The charterparty was concluded in November 2003, between the Association’s Member, the owner of the SILVER CONSTELLATION, and Glencore International A.G. The charterparty did not contain any express term regarding RightShip approval. Moreover, during the fixture negotiations, Glencore asked the Member to agree to a clause requiring RightShip approval to be maintained throughout the currency of the charter. The Member refused, after which Glencore confirmed that

it would proceed with the charter without the RightShip clause.