Eleni Shipping Ltd v. Transgrain Shipping BV (The “Eleni P”) – QBD (Comm Ct), 10 April 2019

PIRACY – HIRE – APPEAL – WHETHER CAPTURE AND ARREST CLAUSE APPLIED – WHETHER PIRACY CLAUSE APPLIEDOwner claimed for lost hire from Charterer totaling about $5.6 million, the majority of which was lost due to the Vessel being captured by pirates. To support their claim, the Owner stated the capture and arrest clause did not apply since the Vessel was not captured by an “authority” as provided in the clause. Further, it was stated the piracy clause did not apply due to the capture occurring outside the geographical location listed in the clause. The Owner of the Eleni P (hereinafter, “Vessel”)...