Imperator I Maritime Company v Bunge SA; Bunge SA v C Transport Panamax Ltd

Shipping – Charterparty. The Commercial Court, in dismissing two appeals against the findings in an arbitration concerning a shipping contract, held that, where a vessel had underperformed, it would not be a defence to a claim on a continuing performance warranty for the owners to prove that the underperformance had resulted from compliance with the time charterers' orders unless the underperformance had been caused by a risk which the owners had not contractually assumed and in respect of which they were entitled to be indemnified by the charterers.

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