Contract – Implied term. The Commercial Court considered proceedings concerning the alleged repudiation by the defendant company of a contract to build and sell a number of vessels. The court held that neither of the implied terms put forward by the claimant to support the claim was capable of forming part of the contract in issue and, consequently, the defendant's defence succeeded. The defendant's counterclaim was dismissed, as the claimant had not breached arbitral confidentiality by disclosing information about awards and arbitrators' reasons given in an earlier arbitration.