This document contains the following awards:
- Partial Final Award Tribunal, 8th day of February 2021.
- Second Partial Final Award, 30th day of March 2021.
- Third Partial Final Award, 30th day of July 2021
- Third Partial Final Award Correcting Memorandum, 1st day of September 2021.
1. By a time charter on an amended NYPE 1946 form (with additional clauses and various addenda) dated 3 November 2000, the Claimant, Conti 11. Container Schiffahrts-GmbH & Co. KG MS "MSC FLAMINIA", the owners of the German flagged vessel "MSC FLAMINIA" - Hull No. 4073 ("the Vessel"), chartered the Vessel to the Respondent, MSC Mediterranean Shipping Company S.A., for 16 years + 60 days in Charterer's option for worldwide trading. The Claimant is referred to in this Partial Final Award as the "Owners"; the Respondent is referred to as "MSC".
2. There were various subsequent amendments to the charter. The amended charter is referred to in this Partial Final Award as "the Charterparty".
3. The Charterparty included the following term:
"17. That should any dispute arise between Owners and the Charterers, the matter in dispute shall be referred to three persons at London - English Law to apply, one to be appointed by each of the parties hereto, and the third by the two so chosen; their decision or that of any two of them, shall be final, and for the purpose of enforcing any award, this agreement may be made a rule of the Court. The Arbitrators shall be shipping men."
4. The Charterparty has given rise to disputes between the Owners and MSC which have been referred to arbitration ("the Reference").
"Owners are accordingly entitled to recover from MSC the sums of €76,253,627.37, US$64,507,682.62, £6,850,940.77, SEK 8,177,532.89, DKK 4,848,440.63 and NOK 49,237.00 by way of damages and/or an indemnity under Article IV rule 6 of the Hague Rules, alternatively (in the case of unpaid hire only) in debt."
Julia Dias QC
Sir David Steel
Stephen Hofmeyr QC