London Arbitration 8/19

London Arbitration 8/19

“A charterparty on an amended NYPE form contained an additional clause prohibiting deductions from hire of amounts for underperformance, except undisputed off-hire. The Tribunal held that this did not allow equitable set-off unless agreed by owners …

“A charterparty on an amended NYPE form contained an additional clause prohibiting deductions from hire of amounts for underperformance, except undisputed off-hire. The Tribunal held that this did not allow equitable set-off unless agreed by owners which was not the case. Charterers' argument that they were suspending rather than deducting hire was also dismissed as a meaningless distinction.”

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

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Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2019]