Arbitration- Vessel off hire due to poor condition of cranes Oct 6, 2025 4 min read Summary prepared by Prokopios Krikris, FCIArb, Arbitrator The disputes which were the subject of this arbitration arose under a NYPE Form of Charter Party. The discharge was to be carried out by the Vessel's own gear into barges while the Vessel waited in the stream for berth availability. The Port of Kandla had a procedure whereby vessels were allotted a discharging berth, which they can occupy for only seventy-two hours. If the Vessel did not complete discharge within that time, it must vacate the berth at the end of the third day. Charterers alleged that the vessel performed poorly her discharge operations because the Vessel's cranes and gear were in a state of disrepair. It was Charterers' position that Owners were in breach of Clause 15, Clause 22 and Clause 32 which entitled them to place the Vessel off-hire for a period of ten (10) days corresponding to a claim of $90,000. Charterers endeavoured to demonstrate to the Panel the poor state of the vessel's cargo gear and the deleterious effect of the gear upon the duration of the discharge of the Vessel. It was Charterers' position, that, not only were the vessel's cranes deficient and in a state of disrepair, but in addition the validity of the Cargo Gear Certificates expired during vessel's discharging operations, which constituted a breach of Clause 32, which required the Vessel to be at all times in possession of valid and up-to-date certificates. It was undisputed that the Charterers and their Stevedores, despite their belated criticism about the poor condition of the Vessel's cranes, continued to work both the cranes and the winches of the Vessel, did not interrupt discharge, did not report the alleged deficiencies to the authorities, did not conduct an independent survey, neither invited Owners to a joint survey to assess the cause, nature and extent of the malfunctions or crane breakdowns. Owners denied the Charterers' al