London arbitration 22/04

Charterparty - Tug expenses and line handling expenses - Whether payable by owners or by charterers

The vessel was chartered on an NYPE form as amended. A dispute arose as to whether owners or charterers were liable to pay tug expenses and line handling expenses incurred in the Mississippi River. The owners said that the master had judged tugs and line handling assistance to be necessary during one of the vessel's shifts at her discharging berth in the Mississippi. They relied on the charterparty provision that the vessel should trade "... via safe berth(s), safe port(s), safe anchorage(s) ...", and said that the expenses should be for the charterers' account. The charterers contended that the expenses had been unnecessarily and unreasonably incurred by the master and should be paid for by the owners.