[2025] EWHC 2089 (Comm)

By the Charterparty, the Vessels were to be delivered between 1st April 2022 and 20th May 2022 with a minimum of two of the Vessels being delivered by 5th May 2022 close of business Istanbul time.

Three of the four Vessels were delivered into the Charterers’ service as follows: MT Lada was delivered on 23rd April 2022, MT Kupava was delivered on 11th May 2022, and MT Midvolga 3 was delivered on 27th May 2022.

The Protocols of Delivery for MT Lada and MT Kupava stated as follows:

“Pursuant to the Time Charter Party dated on _ of ____ 2022 made between «MVSC» LLC as the Owner and (Insert Name) as the Charterer, m/v [name of Vessel] was delivered by Owner into the service of Charterer, and accepted by Charterer …”

The Protocol of Delivery for MT Midvolga 3 stated that:

“Pursuant to the Time Charter Party dated on _ of ____ 2022 made between «MVSC» LLC as the Owner and Tanker Operation Department Spring Manne Denizcilik m/v [name of Vessel] was delivered by Owner into the service of Charterer, and accepted by Charterer …”

The Protocols of Delivery were each signed by the Master for and on behalf of the “Owner”. The Master applied a stamp which bore the name of Middle Volga. The Protocols of Delivery for MT Lada and MT Kupava, but not for MT Midvolga 3,were also signed by the Charterers.

On 25th April 2022, North Global sent an email to their bank (Garanti BBVA) (“Garanti”) stating that “A ruble account is required to pay for the ship we rent. We will exchange and pay according to the USD exchange rate in our account through Garanti Bank’s internet banking” (translation).

According to Mr Ryzhik’s first witness statement (para. 19(4)), invoices were issued by North Global to the Charterers in respect of hire, naming North Global as the “Contractor” and as the beneficiary of payment to its account with Garanti. The invoices were on North Global’s letterhead and were signed by North Global. Mr Ryzhik exhibited to his first witness statement two “sample” invoices, one dated 27th May 2022 for MT Midvolga 3 and one dated 16th June 2022 for MT Lada.

MT Midvolga 2 was not delivered to the Charterers under the Charterparty.

On 27th June 2022, Captain Gökhan Tabur of Spring Marine, as agent for the Charterers, sent an email to Borachart raising the following enquiry:

“Pls see below from Charterers for Owners to clarify soonest;

Q//

Please clarify who is NORTH GLOBAL SHIPPING IMPORT AND EXPORT TRADE LIMITED COMPANY?

- What is the relation with Whiterock, Hai Ocean, Middle Volga, North Global? …”

Later that day, Borachart replied as follows:

“Following from owns;

++

Please note that North Global is a disponent owner of all new vessels (M‐2, M‐3, LADA, KUPAVA). All relations between North Global and Middle Volga Shipping Company are under the time charter contracts. Hai Ocean Company is owner of the only one vessel ‐ Lada and we have bare‐boat charter between Hai Ocean Company and Middle Volga Shipping Company.”

At para. 14 of his second witness statement, Mr Ryzhik stated that “I have checked our files and cannot trace any response to that email. As far as I am aware, Charterers did not object to Borachart’s explanation that North Global was the disponent owner of the Vessels and had time chartered them from Middle Volga”. The Charterers have not contradicted this statement (see Mr Barthet’s second witness statement, para. 15).