S.M.A. Award No. 1437

“Storm” defined in half demurrage provision of Exxonvoy 69 charter

In another recent arbitration, on the same form of charter, New York arbitrators have defined “storm” in cl.8. They held that a “storm” must be violent enough or turbulent enough to have caused something of an unusual commotion or disturbance in the port. The standards for “weather working days” should not be applied to “storm” which should be interpreted to mean more than simply bad weather which interferes with cargo operations. The mere closing of the port for rough seas or heavy swell was not enough.