London Arbitration 1/99

Bunkers on delivery - Quantity of bunkers on delivery determined by joint owners’/charterers’ on-hire survey on vessel’s arrival at loading area - That quantity subsequently found to be inconsistent with bunker figures telexed by Master on completion of loading - Whether joint survey quantity to be regarded as conclusive

The vessel, a bulk carrier of 19,009 metric tons, was chartered on the NYPE form for the carriage of cement clinker in bulk from Pipavav on the West Coast of India to Trincomalee, Sri Lanka. The charter provided that the cargo was to be loaded and/or discharged at any safe dock, wharf, anchorage or place to which the charterers might direct the vessel, provided that she was able to lie safely afloat at any time of the tide, also that the vessel was to be re-delivered to her owners in like good order and delivery (as on her delivery) ‘ordinary wear and tear excepted’. There were two disputes. The first, relating to bunkers, is dealt with in this summary. The second, relating to stevedore damage, is dealt with in London Arbitration 2/99 .