Boskalis Offshore Marine Contracting v Atlantic Marine and Aviation LLP (the Atlantic Tonjer)

Shipping – Contract. The appeal of the claimant charterer (Boskalis) against findings of an arbitration tribunal was dismissed. The Commercial Court held that the tribunal had not erred in its interpretation of the charterparty in the case, and had been correct to find that Boskalis could not recover sums paid (including pursuant to an award from the tribunal) even though it had a defence, if that defence was not a counterclaim in respect of financial loss resulting from such payment or by way of an audit under the charterparty.

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