Commodities in Focus Weekly: JSC “Kazan Oil Plant” v Aves Trade DMCC [2025] EWHC 2713 (Comm)
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Commodities in Focus Weekly - Issue 118
Affected Areas and sick sailors: The Sagar Ratan
Background
In February 2022, Pan Ocean Co Ltd. (the "Charterers") chartered the "SAGAR RATAN" (the "Vessel") from Bunge S.A. (the "Owners") for a one-time charter trip from the Philippines via Australia to China (the "Charterparty"). Upon arrival in Bayuquan, China, members of the crew tested positive for COVID-19. Rather than quarantining, the Owners decided to sail to Ulsan, South Korea to replace the infected crew. The Vessel then returned to Bayuquan and discharged her cargo.
The Charterers deducted hire and expenses in respect of a period of delay starting with the time of the first positive tests in Bayuquan. The Owners claimed for the total hire withheld by the Charterers and an indemnity for any claim advanced by head owners for the costs of replacing the COVID-19 infected crew.
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