London Arbitration 19/21

Under an amended NYPE 1981, Owners claimed damages for a shortfall in redelivery bunkers, based on the redelivery place price and making just a 2% allowance for ‘about’ (as Charterers had ample warning and opportunity to replenish). Charterers contended that the Vessel had insufficient tank capacity for stemming at their chosen place, and that Owners had not in fact replenished at the redelivery place. The Tribunal found the usual 5% allowance appropriate but otherwise dismissed Charterers’ arguments: there was no warranty of tank capacity and the redelivery port price – not the C/P one – applied to damages, irrespective of where replenishment happened.