London Arbitration 4/22

Pilots in China refused Master’s request to have their temperatures re-checked, and standoff ensued which was only resolved more than a week later. Time Charterers (NYPE) claimed off-hire either due to “default of officers or crew” or for the crew’s refusal to do their duties, or alternatively, Owners were in breach for failing to follow Charterers’ orders. The Tribunal held there was no “default or officers or crew” nor had the crew refused their duties by implementing company policy. However, by unilaterally imposing conditions on the pilots, Owners had failed to follow Charterers’ legitimate “orders and directions”. Charterers were awarded hire and bunkers for time lost as damages.