London Arbitration 21/18 [2018]

London Arbitration 21/18 [2018] 1013 LMLN 1

“A T/C description clause providing "above speed and consumption....with a tolerance of 5pct about" [emphasis added] did not imply a single 5% allowance where each of speed and consumption had been expressed in "about" terms. Further, "No negative influence of currents/swell" meant that those conditions did not qualify as good weather but positive currents and swell were to be ignored. And an off hire claim was held to be an attempted performance claim via the back door and in the absence of a stoppage or proof of time loss, failed.”

Louise Glover
E. G. Arghyrakis & Co.
03rd October 2018