Linden Navigation Corp v Grand Eastern Co Ltd (The ‘Dimitris Perrotis’) - Before Austin L Dooley, Lloyd C Nelson and Manfred W Arnold - 24 September 1999

Speed and consumption claim - Whether de minimis

The vessel Dimitris Perrotis was fixed for a time charter trip on the NYPE form from Port Talbot, United Kingdom, via ports for redelivery at Xingang, China. From Port Talbot the vessel proceeded in ballast to Morehead City for cargo, then to China via a bunker stop at St Eustatius. After the vessel arrived in China, the charterers made an initial deduction for time loss and fuel overconsumption on the St Eustatius to Xingang leg. As the basis for their deductions, a WNI Oceanroutes’ preliminary voyage report was submitted together with their claim. During the course of the arbitration the charterers revised their claim to include the full voyage from Morehead City with a performance analysis report from their experts. Their final underperformance claim was based on a speed of 13.37 knots and, together with fuel, totalled US$23,657.32 for the laden passage.