London Arbitration 4/26

Time charter - NYPE form - Speed and performance - Alternative methods of calculating loss - Hull fouling - Whether a "defect" under clause 15 or breach of express warranty - Whether the owners were entitled to recover a Fuel EU penalty and European Emission Allowances (EUAs) - LMAA Small Claims Procedure (SCP)

The subject vessel was chartered on an amended NYPE 1946 form for one time charter trip from Nouadhibou, Mauritania to Taranto, Italy. Disputes arose over the balance of hire. The owners claimed US$13,190.34, a Fuel EU penalty of €12,710.10, and the transfer of 475.04 European Emission Allowances (EUAs) under the EU Emissions Trading Scheme.