London Arbitration 13/97

Speed and consumption claim - General observations about conduct of references under LMAA Small Claims Procedure

The first issue in this arbitration under the LMAA Small Claims Procedure involved a dispute over speed and consumption. The vessel was chartered on the NYPE form. The charter preamble was not completed as to the ship’s speed and consumption capabilities, but the description clause, clause 71, gave the speed as about 12 knots on about 27 tonnes IFO. Clause 79 provided that the ship should be capable “at all times during the currency of this charterparty of steaming average 12 knots weather permitting. For the purpose of this charterparty ‘good weather conditions’ are to be taken as a wind speed not exceeding Beaufort Force 4”.