London Arbitration 9/18

Charterparty – Speed and consumption – Charterers making deductions for off-hire relying on vessel’s underperformance – Whether charterers subsequently entitled to assert claims for breach of warranty – Whether charterers’ performance claims time-barred – Whether average speed warranty related to each voyage or to whole charter period – Interpretation of contractual “good weather” provision – Whether weather “reports” included ship’s deck log in addition to “independent weather bureau” reports – Whether consumption warranty applied at date of delivery or throughout charter period

The subject vessel was chartered on an NYPE form as amended for a period of 10 to 13 months. The charterers made deductions from hire in the total sum of US$729,158.76. Some US$450,000 of the deductions related to allegations of under-performance in terms of speed and over-consumption of bunkers.