Carboex SA v. Louis Dreyfus Commodities Suisse SA – QBD (Comm. Ct.), 12 May 2011

AMWELSH -- BERTHING DELAYS CAUSED BY STRIKE -- WHETHER IN BERTH OR NOT -- WIBON PHRASE RELATIVE TO A STRIKE CLAUSE -- Charterer Award Under the same Contract of Affreightment (COA), two vessels arrived at port in the midst of a haulage strike and two vessels arrived after the haulage strike ended. All four of these vessels experienced berthing delays as a result of port congestion attributable to the strike. At issue is whether the WIBON clause supersedes the strike clause regarding berthing delays.