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Tribunal ruled the performance claim was time-barred and deck logs were found unreliable Nov 11, 2024 3 min read Updated: Dec 11, 2024 A dispute arose where the Charterers deducted an amount from the Owners' hire payment, claiming the vessel underperformed in speed and over-consumed fuel during the voyage. The Owners contested, citing adverse currents and disputing the reliability of the Charterers’ weather data (provided by X WRC) compared to the vessel’s logs. The tribunal found that the Charterers’ weather data was more reliable but ruled that the Charterers failed to meet contractual requirements, as their performance claim did not cover the entire voyage, as specified by the CP terms. Consequently, the Charterers' claim was deemed waived. The vessel initially performed a ballast voyage and then a laden voyage from South Africa to China. According to the charterers’ WRC, it found two good weather days on the laden leg. During these days, the ship performed at about 1 knot below the warranted speed, indicating underperformance. The weather routing clause defined "good weather days" and included a protocol for performance claims. It required weather evidence primarily from the vessel’s logs unless significant discrepancies existed, in which case independent weather reports would take precedence. It also specified that performance claims must consider the entire charter duration and required written submission within 20 days after the relevant sea passage. The tribunal concluded that Charterers' failure to comply with procedural and evidentiary requirements, as stipulated by the charterparty, negated their claims for vessel underperformance. Charterers’ claim failed as they did not provide an analysis for the entire charter period, instead focusing solely on the laden voyage. As the tribunal held, Charterers’ WRC collected data from independent, recognized weather sources, including weather satellites, stationary and drifting buoys, and local weather stations. They
Tribunal ruled the performance claim was time-barred and deck logs were found unreliable
Charter Party Disputes
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