Fehn Schiffahrts Gmbh & Co KG v Romani SPA

Shipping – Charterparty. The appellant owners' appeal against the decision of a tribunal in a shipping dispute succeeded. The Commercial Court held that the tribunal did not appear to have distinguished between the issue of title to sue and the issue of whether the consignee of the cargo/goods (check) had suffered a loss. Further, the court could not infer on the facts impliedly or expressly found by the tribunal, that the tribunal had found that there had been substantial loss to the consignee of the cargo. Further, the court could not uphold the award on the basis that the charterers had suffered loss that would allow them to recover under the charterparty.

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