London Arbitration 20/00

Speed and consumption claim - Whether vessel’s underperformance due to hull fouling caused by compliance with charterers’ orders

The vessel was chartered on the NYPE form as amended. The charterers made a deduction from hire in respect of alleged under-performance on the two laden voyages performed by the vessel under the charterparty. No complaint was made in relation to the ballast legs. The owners sought to recover the sum deducted, attributing the vessel’s undoubted poor performance on the laden legs to bottom fouling that they said had built up whilst the vessel waited some four weeks at the first loading port for cargo to be loaded, in compliance with charterers’ instructions.