Tivat Shipping & Investment BV v Associated Transport Line Inc (The ‘Trinity Square’) - Michael K Hope, Arbitrator - 8 April 1999

Time charter - Vessel taking longer route because of Master’s fear of bad weather during hurricane season - Whether vessel deviated - Whether deviation justified

The vessel Trinity Square was chartered on the NYPE form as amended for the carriage of cargo from Panama City, Florida, to Trinidad. Disputes arose from five voyages performed by the vessel between 29 to 4 September 1997. At the conclusion of the time charter, the charterers deducted hire and fuel costs totalling $22,702.44 on the basis that the vessel had taken a longer route on each voyage than the customary, shorter route from Panama City to Trinidad. The shipowners contended that the Master’s choice of route had been justified, as the voyages occurred during the Gulf of Mexico/Caribbean hurricane season. The route taken, therefore, was a necessary precaution for the safety of the vessel, her cargo and crew.