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DMC/SandT/14/0016
'''England'''
Simon Rainey QC (instructed by Herbert Smith Freehills LLP) for China Offshore
T'''VOYAGE CHARTER: FOB SALE CONTRACT CHAIN: DEMURRAGE: “RESTRAIN “RESTRAINT OF PRINCES” EXCEPTION: UNFORESEEABLE FORCE MAJEURE BEYOND CONTROL OR REASONABLE CONTROL'''
'''Summary'''
The judgment highlights (i) the difficulties that can arise where there is interplay between shipping contracts and international sale of goods contracts involving multiple parties all trying to achieve a common goal, and (ii) the need to consider carefully the wider factual and legal matrix of the circumstances of the dispute to achieve a result that accords with the commercial intentions of the parties, so far as lawfully justifiable.
