In MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) the Commercial Court upheld Owners’ appeal on a point of law under section 69 of the Arbitration Act 1996. The appeal arose out of Owners’ disputed exercise of a force majeure provision in response to Charterers’ difficulties paying freight in US dollars (the contractual currency of payment) due to the impact of US sanctions on Russia. The point of law considered in the arbitration appeal concerned the scope of the ubiquitous “reasonable endeavours” requirement in force majeure clauses and whether such endeavours required the party claiming force majeure to accept non-contractual performance. Mr Justice Jacobs held that the “reasonable endeavours” provision did not require Owners to accept non-contractual performance and did not oblige Owners to accept payment in Euros instead of US dollars.
A copy of the judgment is available here.
Nigel Eaton QC and Adam Woolnough were instructed for Owners by Stuart Dench of Rosling King LLP.
