Saturday, September 23, 2023

Decisions

The traditional manner in which a charterer seeks to establish a breach of a speed and performance warranty is to assess the vessel’s performance in good weather as defined in the charterparty, excluding any period of slow steaming at the request of the charterer. If analysis of the vessel’s performance in good weather establishes a breach then the extent of the shortfall in performance should be applied to all voyages in all weather conditions but excluding any period of slow steaming at the request of the charterer: see Didymi Corporation v Atlantic Lines and Navigation Co Inc (The Didymi) [1988] 2 Lloyd’s Rep 108 at page 117 per Bingham LJ and Exmar NV v BP Shipping Ltd (The Gas Enterprise) [1993] 2 Lloyd’s Rep 352 at page 366 per Lloyd LJ.

– Teare J, 2015

Speed and performance claims very commonly arise out of the performance of time charters (and trip charters)…  Where these disputes arise they commonly raise questions of law, fact and practice. The charter provisions are to be applied (whether by the parties themselves, arbitrators or the court) in light of the fact that the parties, when contracting at least, will generally have expected to achieve certainty and commercially pragmatic solutions

– Clare Ambrose, 2022 

Speed and consumption claims, © Krikris Prokopios