London Arbitration 6/19

London Arbitration 6/19

“The performance clause in a trip time charter (South Africa to China) defined good weather as "wind speeds of maximum beaufort force 4 (11-16knots) and total-combined (sea and swell) significant wave height confined to limits of douglas sea state 3 (0.5-1.25 meters)". Despite acknowledging the uncertainty of the terminology and the difficulty in reconciling two entirely different measures of sea condition, the Tribunal found that there would be no contradiction if good weather criteria were restricted to significant wave heights of no more than 1.25 m, even though this might render DSS3 surplusage and lower the required performance standard to something less than might be expected in charters of this nature.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
06th March 2019