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In London Arbitration 2/20 the tribunal determined that it had jurisdiction under a standard “Gencon 94” form “law and arbitration” provision, which had been incorporated into the charterparty through the wording of the parties’ recap email.

Factual summary

The charter was evidenced by a fixture recap email. The email contained various detailed provisions relating to

CITGO Asphalt Refining Co. et al. v. Frescati Shipping Co., Ltd. et al.

On March 30, 2020, the U.S. Supreme Court held that “the plain language of the parties’ safe-berth clause establishes a warranty of safety.”

The decision brings U.S. law into alignment with the long-standing position under English law, as established by Leeds Shipping