[2025] EWHC 2089 (Comm)

Fecha: 07-Ago-2025

Factual background

Factual background

The Charterparty

11.

The Charterparty was fixed on 25th March 2022 through an intermediate broker, Borachart. The Charterparty was constituted by a clean fixture recap (“the Recap”), which contained a list of amendments to the Shelltime 4 form.

12.

The Recap began as follows:

“FURTHER TO OUR CONVERSATIONS AND AUTHORISATION RECEIVED FROM BOTH PARTIES WE ARE PLESED TO ADVISE THAT THE SUBS LIFTED AND THE MENTIONED 4 VESSELS FIXED CLEAN ON TC AS PER BELOW RECAP.
T /CP DATE 25.03.2022
CHARTERERS WHITE ROCK CORPORATION LTD …
REGISTERED OWNERS AS PER ATTACHED Q88
TECHNICAL MANAGERS NORTH GLOBAL SHIPPING IMPORT AND EXPORT TRADE LIMITED COMPANY …
COMMERCIAL MANAGERS NORTH GLOBAL SHIPPING IMPORT AND EXPORT TRADE LIMITED COMPANY …”

13.

The Recap referred to the registered owners “as per attached Q88”. The Q88 forms I have seen in evidence were “updated” in 2024-2025. I do not believe that I have seen the Q88 forms attached to the Recap. The Q88 forms for each Vessel provided as follows:

(1)

Q88 forms updated on 4th October 2024 and 12th May 2025 for MT Lada: the registered owner was identified as Hai Ocean and North Global was identified as the “disponent owner”, as well as the technical operator and the commercial operator. No reference was made to Middle Volga in these documents.

(2)

Q88 forms updated on 12th May 2025 for MT Kupava, MT Midvolga 2 and MT Midvolga 3: the registered owner was identified as Global Logistics and Heavy Industries Inc (“GLHI”) and North Global was identified as the “disponent owner”, as well as the technical operator and the commercial operator. No reference was made to Middle Volga in this document. At para. 17(1) of his first witness statement, Mr Ryzhik stated that “This is because in the difficult situation that faced Middle Volga in March 2022, it contemplated transferring the registered ownership of those Vessels to GLHI. In the event, however, no such transfer took place”. The “difficult situation” is a reference to the fact that a number of counterparties were reluctant to contract with Russian companies after the Russian invasion of Ukraine in February 2022 (Mr Ryzhik’s first witness statement, para. 12). I refer to this evidence further below.

14.

The Recap also provided that the charter period was 24 months plus 15 days in the Charterers’ option with a laycan of 1st April 2022 to 20th May 2022, with a minimum of two vessels to be delivered by 5th May 2022. The cancellation date for MT Midvolga 2 was subsequently extended to 10th June 2022 (Ms Barthet’s first witness statement, para. 8).

15.

The hire payable was US$5,600 per day per vessel. Further, the Recap provided that:

“- OWNERS CONFIRM THAT THE VESSELS HAS NO CONNECTION WITH RUSSIA INCLUDING BUT NOT LIMITTED TO COMMERCIAL TIES …”

16.

On 17th February 2023, Borachart - the intermediate brokers through whom the Charterparty was fixed - sent an email to Spring Marine Denizcilik (“Spring Marine”), as agent for the Charterers, stating that “Pls find attached draft of C/P forms, kindly check and advise if these are all in order”.

17.

On 22nd February 2023, Spring Marine replied to Borachart stating that “Please find signed stamped charterparty. Attachment of “Clean Rider Clauses …” has not been printed and signed as all the items were already stated in shelltime4. Kindly awaiting for charterers countersigned stamped copy”.

18.

In February 2023, a formal charterparty was drawn up in accordance with the terms agreed in the Recap and signed by the Charterers. The formal document provided that:

“IT IS THIS DAY AGREED between
of NORTH GLOBAL SHIPPING IMPORT AND EXPORT TRADE LIMITED COMPANY (hereinafter referred to as the “Owners”)
being owners of the
good motor/steam vessel called, MT KUPAVA … MT LADA … MT MIDVOLGA 2 … MT MIDVOLGA 3
(hereinafter referred to as “the vessel”) described as per clause 1 hereof and
of WHITE ROCK CORPORATION LTD (hereinafter referred to as Charterers”) …”

19.

The formal charterparty was not signed by “the Owners”.