The Court of Appeal considered off-hire claim under amended NYPE, Cl.49. Capture, Seizure, Arrest.
The "Global Santosh" was was mistakenly arrested together with her cargo by the cargo seller in West Africa’s port to secure a claim for demurrage against the buyer. Charterers withheld hire under clause 49.Capture, Seizure, Arrest of the charterparty in respect of the period for which the vessel was under arrest, i.e., 14.00 hours on the 18th December 2008 and 07.03 hours on the 15th January, 2009. The owners argued that an act by a delegate of charterers (the cargo receiver) causally linked to the capture, seizure, detention or arrest of the vessel.