Mr Nikhil Datta

Nikhil Datta


Shipping & Transport

Imposing conditions to contractual consent – is it reasonable?
United Kingdom | 20 January 2021

The Commercial Court recently provided guidance on the interpretation of consent provisions in a transport and processing agreement where such consent was not to be "unreasonably withheld". The issue of withholding consent arises regularly under long and short-term shipping charterparties. A key takeaway from this judgment is that to establish whether consent may be withheld, the parties' bargain as a whole must be considered and not the consent provision in isolation.