Pan Ocean Co Ltd v Daelim Corporation [2023]

An amended NYPE 93 placed the Vessel off-hire in case of hold inspection failure “until the vessel … passes”.  The Tribunal implied Charterers’ obligation to carry out any reinspection with reasonable diligence and without undue delay, and found that a delay of some 12 days since Owners’ notification that holds were cleaned was excessive and did not qualify as off-hire.  On appeal, the Court agreed that the Tribunal had applied the correct legal test for the implied term (objectively necessary or obvious) but ruled that off-hire did not cease on Owners’ notification but when the reinspection ought to have taken place.