English Commercial Court Allows Appeal Under S.69 Of The Arbitration Act On The Meaning Of A Reasonable Endeavours Obligation

• Published date: 23 March 2022
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Herbert Smith Freehills
• Author: Mr Chris Bushell, Susannah Cogman, Anna Pertoldi and Maura McIntosh

The Commercial Court has held that a shipowner was entitled to rely on a force majeure clause in a shipping contract where its charterer's parent company became subject to US sanctions - allowing an appeal from an arbitration award on a point of law under section 69 of the Arbitration Act 1996: MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm).

The decision is of particular interest as the court allowed reliance on force majeure despite the fact that the sanctions did not directly bite on the shipowners, but...