BACKGROUND Atlantic Marine and Aviation LLP (the “Owner”), the defendant in the matter, chartered the ‘Atlantic Tonjer’, a multi-purpose support vessel (the “Vessel”), to the claimant, Boskalis Offshore Marine Contracting BV (“the “Charterer”) under the BIMCO SupplyTime 2017 Charter Party for Offshore Support Vessels (the “BIMCO Agreement”). A charter party is a deed or an
SUMMARY Background In December 2014, a tender for the removal of waste from Palabora Copper’s (Pty) Ltd (“Palabora”) mine and smelter was awarded to Motlokwa Transport & Construction (Pty) Ltd (“Motlokwa”). This award was confirmed in correspondence (“Notice of Contract Award”) which was addressed to Motlokwa from Palabora and subsequently signed by a representative of