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The High Court, in allowing Owners’ appeal from a final arbitration award on a point of law, held that the “reasonable endeavours” provision in the contract of affreightment did not require Owners, the party affected by the force majeure event, to agree to vary the terms of the contract or to agree to a non-contractual performance by receiving the payment of freight in a different currency.
Note: this decision has been overturned by a judgment of the Court of Appeal of 27 October 2022 - see here [[https://www.onlinedmc.co.uk/index.php?title=MUR_Shipping_BV_v_RTI_LtdLink titleMUR_Shipping_BV_v_RTI_Ltd]]
Case note contributed by Jim Leighton, LLM (Maritime Law), LLB (Hons), BSc (Hons), Solicitor Advocate of England & Wales, Mediator, LMAA Supporting Member and International Contributor to DMC’s Case Notes
