London Arbitration 20/21

Owners disputed Charterers’ renomination of one of the two discharge ports qualifying for additional freight, arguing that the first nomination was final. Charterers contended that changes were reasonable and foreseeable as ports were declarable “10 DAYS PRIOR VSL PASSING SINGAPORE” and that Owners were not entitled to extra freight due to failure of consideration (as they failed to perform the contractually nominated voyage). The Tribunal found no provisions in the cp which (i) authorised renomination – thus the first nomination was held final – or (ii) obliged Owners to relinquish the extra freight in case of failure to perform the nominated voyage.