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Contracts-Privity of contract- Contract for the benefit of third party - Nisshin Shipping Co Ltd v Cleaves & Co Ltd and others
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NEW LAW JOURNAL 14 November 2003 (c) Reed Elsevier (UK) Ltd 2003 NLJ 153.7104(1705) LENGTH: 2012 words TITLE: Law Reports Edited by the Editors of All England Direct TEXT: Contracts-Privity of contract- Contract for the benefit of third party Nisshin Shipping Co Ltd v Cleaves & Co Ltd and others [2003] EWHC 2602 (Comm) Commercial Court Colman J 7 November 2003 A chartering broker is entitled to recover commission agreed to be paid to him under a charterparty by a direct claim against owners under s 1 of the Contract (Rights of Third Parties) Act 1999; if the charterparty contains an arbitration clause wide enough to cover a claim by charterers to enforce that promise to pay commission against owners, the chartering brokers must refer their claim to arbitration under s 8 of the 1999 Act. Philippa Hopkins (instructed by Ince & Co) for the claimant. Michael Ashcroft (instructed by Jackson Parton) for the defendant. The respondent chartering brokers negotiated nine time charters on behalf of the...
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