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By a time charter party dated 1 st January 2011 shipowners chartered a vessel to the charterers for one trip from America to the Persian
- By a time charter party dated 1st January 2011 shipowners chartered a vessel to the charterers for one trip from America to the Persian Gulf, following which the vessel was to be redelivered to the shipowners in Africa. In the course of the charter party voyage the vessel proceeded to the Persian Gulf and docked at the Iraqi port of Basrah. Five days later war broke out between Iraq and Iran and the vessel became one of some sixty ships trapped in the region by the war. The vessel continued to discharge her cargo and by 1st October 2011, was ready to proceed to Africa to be redelivered to the shipowners. However, the vessel was prevented from leaving Basrah by the Iraqi port authorities and the risk of damage and injury from the hostilities. In November the charterers purported to cancel the charter party and it was the view of most informed people in shipping circles that the obstacles to navigation were such that vessels trapped in the river were unlikely to be able to leave safely for at least several months. A dispute arose as to when the charter party was frustrated. Do you think the charter party is frustrated in these circumstances?
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