London Arbitration 26/19-2

London Arbitration 26/19-2

“Charterers brought an underperformance claim under an amended NYPE form c/p in reliance on a weather bureau report. Clause 77 provided that "evidence of the weather conditions to be taken as reported daily on the noon position report to the Charterers...". The Tribunal found that the weather bureau's approach, which divided the 24-hour period in four 6-hourly readings, was contrary to the c/p performance warranty. A period of less than a full day was insufficient in order to calculate the vessel's performance and in particular unjustly benefitted Charterers as no accurate allowance was made for currents during periods between the six-hourly entries. Therefore, Owners were entitled to a refund of Charterers' deduction from hire.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
20th November 2019