Case in Focus: Settling in the water

By Ted Lowery2018-05-24T14:30:00

Had the parties to a shipbuilding contract achieved a binding settlement?

Legal 2 main image

The case

Goodwood Investments Holdings Inc vs Thyssenkrupp Industrial Solutions AG [2018] EWHC 1056 (Comm)

Before Mr Justice Males

In the Commercial Court

Judgment delivered 3 May 2018

The facts

During 2006 Goodwood engaged Thyssenkrupp to construct a super-yacht. Following delivery in September 2010, cracks began to appear in the paint coverings. Goodwood subsequently commenced arbitration claiming declaratory relief and an order for specific performance (a type of relief whereby the defendant is ordered to complete its contract obligations) or damages. The main issue in the arbitration concerned whether or not the paint system was so defective as to require complete replacement.

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