“A prolonged port stay clause in a time charter (20 running days, tropical waters) both protected Owners against underperformance claims and required Charterers to clean the hull; the Tribunal considered that the Clause still operated even though the Vessel had not remained in exactly the same place during the relevant stay. Further, it was sufficient to establish 'fouling directly resulting' from the stay, that the Vessel did not underperform after the cleaning.”
Louise Glover
E. G. Arghyrakis & Co.
21st June 2017