London Arbitration 16/97

Laytime - Whether laytime should not count during periods of alleged bad weather - Charterers counterclaiming in respect of alleged breaches by ship in relation to stowage of cargo

The vessel was chartered on the Gencon form. The charterers disputed the shipowners’ claim for demurrage. Unusually, the only exceptions provided for in the charter form were Sundays and holidays (at loading) and Fridays and holidays (at discharging) - in Box 16(c). There were apparently no other exceptions, whether as to bad weather or otherwise. The charterers said that that was due to an error, and that the actual agreement reached was for “weather working days”. Whilst the owners did not agree with that, they conceded that the charterers should be entitled to an allowance for any proven periods of relevant bad weather.