London Arbitration 12/03

Damages - Remoteness - Time charter trip - Shipowners' breaches of charter causing vessel to be delayed at loading port resulting in charterers becoming liable to pay carrying charges to sellers under purchase contract - Whether carrying charges recoverable from shipowners as damages - Whether carrying charges too remote in law

The vessel was chartered on the NYPE form on 29 June for one time-charter trip from the US Gulf to the Mediterranean with grain or grain products. The charterparty provided that the vessel should be in a thoroughly efficient state, with her holds clean and available for bulk grain loading, and in every way fitted for the permissible cargo service, and she was to tender at first loading port with all holds cleaned and suitable in every respect for loading grain to the satisfaction of the competent local authorities. Line 11 provided: "... itinerary E.T.R/S 29th June ... A.G.W./W.P/W.O.G...". By line 18 the vessel was to be placed at the disposal of the charterers on dropping outward last sea pilot Brixham. Clause 14 provided: