Nippon Yusen Kaisha v. Alltrans Group of Canada Ltd. - Q.B.D. (Com.Ct.) (Neill J.) - 20 February 1984

NYPE form imposes absolute duty on charterers to provide proper bunkers

At a recent London Arbitration, there was a dispute as to whether the words “. . . charterers to provide and pay for all the fuel . . .” in clause 2 of the NYPE form imposed a strict liability on the charterers with respect to the quality and fitness of the fuel supplied to the vessel, or whether the charterers were merely under a duty to use due diligence in ensuring that there were proper bunkers.