London Arbitration 15/23

Arbitrators rejected Time Charterers’ Weather Routing Company (WRC) performance analysis as it departed from the C/P parameters including as to swell and significant wave height (attributing 2m to DSS3) and failed to recognise routine navigational alterations, casting doubt on reliability generally. However, they found Owners in breach due to Vessel’s hull and propeller fouling, affecting performance and entitling Charterers to deduct for damages (albeit in a lesser amount than pursuant to their WRC analysis).

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Star Axe I LLC v Royal and Sun Alliance Luxembourg SA - Belgian Branch & Ors [2023] EWHC 2784 – 10 November 2023 (Butcher J)

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Hulley Enterprises Ltd & Ors v The Russian Federation [2023] EWHC 2704 – 1 November 2023 (Cockerill J)