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Lloyd's Maritime Law Newsletter

London Arbitration 15/10

Charterparty – NYPE form – Vessel’s holds not thoroughly cleaned and dried before delivery – Holds rejected for carriage of corn cargo – Delay in berthing and loading cargo – Whether charterers suffered loss of time as result of lack of hold cleanliness – Whether charterers entitled to withhold hire

The vessel was time-chartered on the NYPE form. She was ordered to load a cargo of corn at Mobile, Alabama. She was delivered into the chartered service at 2300 on 20 October. At 1715 on 21 October she failed a hold inspection carried out by the US authorities. Cleaning operations were then carried out and the ship passed similar inspections at 1830 on 26 October. However, the ship did not then berth and start to load; that only happened at 2005 on 30 October.

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