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Master failed to monitor radio properly - Whether owners protected by Hague Rules exception

The vessel arrived at the discharge port anchorage at 05 00 on 8 July but she did not berth until 10 15 on 11 July. The charterers claimed off-hire or damages for the whole of this period. The arbitrators held that the master had failed to listen to the radio adequately for berthing instructions, and that was accordingly a breach of the owners’ obligations to obey the charterers’ orders, render customary assistance and to prosecute voyages with despatch. If a proper radio watch had been kept, she would have berthed at 03 00 on 10 July. There was thus a loss of 1 day 1 hour 30 minutes which, in the arbitrators’ view, the owners had to bear.