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DMC/SandT/19/06
'''England'''
'''Classic Maritime Inc v Limbungan Makmur Sdn Bhd and Lion Diversified Holdings Bdn'''
'''English Court of Appeal: Males, Rose and Haddon-Cave LLJ: [2019] EWCA Civ 1102: 27 June 2019'''
Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2019/1102.html
'''APPEALS ON QUESTIONS OF LAW UNDER SECTION 69 OF THE ARBITRATION ACT 1996: CONTRACT OF AFFREIGHTMENT: WHETHER CHARTERERS WHO WOULD HAVE DEFAULTED ON THEIR CONTRACTUAL COMMITMENTS IN ANY EVENT WERE ENTITLED TO RELY UPON MUTUAL EXCEPTIONS CLAUSE FOR “ACCIDENTS AT THE MINE” AS DEFENCE TO LIABILITY FOR BREACH OF ABSOLUTE OBLIGATION TO PROVIDE CARGOES FOR SHIPMENT: WHETHER OWNERS ENTITLED TO RECOVER SUBSTANTIAL DAMAGES FOR SUCH BREACH BY CHARTERERS WHERE THE SHIPMENTS IN QUESTION COULD NOT HAVE BEEN PERFORMED IN ANY EVENT'''
DMC/SandT/19/05
