London Arbitration 16/10

Charterparty – NYPE form – Part of cement cargo remaining in upper reaches of holds during discharge operation – Charterers incurring expense in removing cargo residues – Discharging operation prolonged - Whether owners failed to render all customary assistance – Whether vessel off-hire – Whether owners in breach of guarantees that vessel’s holds were clear of fittings and of obstructions

The vessel was time-chartered on the NYPE form as amended for a period of 4-6 months in the charterers’ option. She loaded a cargo of bulk cement and then sailed to the discharge port, giving notice of readiness there at 0920 on 10 June. Discharging of the cargo started at 1240 on that day. However, significant quantities of cement in the upper reaches of the holds did not drop down on to the tanktops and remained in the holds.