London Arbitration 23/17 (2017) 986 LMLN 1

London Arbitration 23/17 (2017) 986 LMLN 1

“A Vessel chartered on the BPVoy3 form was delayed in reaching her load berth due to the presence of another vessel, detained there by the authorities (and unable to continue to load or to move) following the rupture of the loading hose and an oil spill seven days earlier. Charterers sought to rely on the half demurrage 'force majeure' provision in Clause 21 in respect of the ensuing eight day wait, however neither an oil spill, nor resulting suspension of loading were listed exceptions and the Tribunal found that hose rupture was not a qualifying 'breakdown'. Whilst the detention, even of another vessel, qualified as 'arrest' within the Clause, the Tribunal found that in the present circumstances, the cause of the delay was 'within the reasonable control of the Charterers' (as it occurred during loading of the other vessel) making Clause 21 inapplicable.”

Louise Glover
E. G. Arghyrakis & Co.
27th September 2017