Conoco; weather; bad weather; charterparties; demurrage Home Publications Articles The Conoco Weather Clause - When is Bad Weather an Exception The Conoco Weather Clause - When is Bad Weather an Exception Publications Steamship Mutual Published: June 01, 2018 Contact author Download article pdf The Conoco Weather Clause (“CWC”) is frequently incorporated into charterparties but disputes as to its application often arise. There is no clear line of authority on its application and, as with all laytime and demurrage disputes, a careful analysis of the factual matrix including whether laytime has started and the demurrage provisions in the charterparty, will be required. Assuming time has started, the cause of delay will also be a factor. This article discusses some practical examples of its application in the context of various standard form charterparties. The Clause The CWC provides that: “Delays in berthing for loading or discharging and any delays after berthing which are due to weather conditions shall count as one half laytime or as time on demurrage at one half demurrage rate” Commencement of Laytime As with all laytime disputes the starting point is whether laytime has commenced, as until the clock has started the CWC will not be applicable. Whilst this will depend on the provisions agreed and the particular circumstances, the broad position under two of the standard form charterparties is as below: Asbatankvoy – Laytime Under clause 9 of the Asbatankvoy form, charterers are required to procure a berth that is ‘reachable on arrival’ (‘ROA’). This absolute warranty applies equally to physical and non-physical obstructions 1   - the cause of the unreachability is immaterial and a berth is equally deemed to be not ROA in instances where there is unavailability of tugs