In case of delay before the vessel’s berthing, Owners may argue that they should be compensated based on ‘quantum meruit’ to overcome the usual defences on a damages claim – as usually discussed in similar cases.Compensation by quantum meruit was argued in limited cases: Arb 19/98, Arb 18/17, Arb 12/90, but an extra-contractual service was performed. In the recent London Arbitration 14/21, the Owners’ claim failed
*London Arbitration 14/21 can be found on this website https://www.lmln.com/ Lloyd’s maritime law newsletter.