London Arbitration 8/05

Demurrage - Whether vessel in breach of speed warranty - Whether loss of anchors relevant - Whether notice of readiness valid - Whether invalidity waived by charterers

The vessel was chartered on the Africanphos (1950) form as amended for the carriage of a cargo of bulk phosphate from Sfax, Tunisia, to - in the event - three discharging ports in Brazil: Itaqui, Paranagua and Rio Grande. Clause 1 of the charter provided that, having loaded, the ship was to "proceed with all possible despatch" to the discharging ports. Clause 57 set out a description of the ship and included a provision stating: "Vessel will be ordered to steam at about 12 knots service speed weather permitting".