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'''ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINT OF LAW: VOYAGE CHARTER: WHETHER BILL OF LADING INCORPORATED CHARTERPARTY “CODE” REGARDING ADDITIONAL WAR RISKS PREMIUMS: WHETHER BILL OF LADING HOLDERS LIABLE TO COMPENSATE SHIPOWNERS FOR LOSSES COVERED BY INSURANCE AGAINST PIRACY RISKS'''
Note: the judgment in this case was upheld by the Supreme Court in a decision dated 17 January 2024, a note on which is available here [[https://www.onlinedmc.co.uk/index.php?title=Herculito_Maritime_v_Gunvor_International_-_Supreme_Court_Decision_-_The_Polar]]
'''Summary'''
'''In this appeal on a point of law against an arbitration award, the English High Court allowed the appeal in finding that the bills of lading involved in the case did not incorporate the terms of the charterparty relating to an alleged agreement that all losses from piracy risks during the voyage were only to be covered by the insurance provider and were not recoverable from any other party.'''
Note: The decision in this case has been upheld by the Court of Appeal, in a judgment dated 1 December 2021: A Note on the Court of Appeal decision is being preparedhere [[https://www.onlinedmc.co.uk/index.php?title=Herculito_Maritime_v_Gunvor_International_-_The_Polar]].
'''This case note is contributed by Wing So, a barrister at Sir Oswald Cheung’s Chambers, Hong Kong, and Distinguished Professor of Law at the China University of Political Science & Law in Beijing.'''