London Arbitration 15/19

London Arbitration 15/19

“A Prolonged Port Stays clause in a charter on an amended NYPE 1993 form provided for charterers to be responsible for excessive marine growth if established at the long-stay port. The Tribunal held that the clause was to be construed widely so as to encompass cases where hull inspection at the long-stay port was not possible, alternatively a provision would be implied to that effect. Further "excessive marine growth" meant any growth which had a measurable impact on the performance of the vessel. In the present case, the Tribunal held that the impact was measurable as performance improved after hull cleaning.”

Louise Glover
E. G. Arghyrakis & Co.
17th July 2019