Imperator I Maritime Co v. Bunge SA (The “Coral Seas”) – QBD (Comm Ct), 24 June 2016
Posted By Ethan Fitzgerald On In Archive,English Maritime Cases | Comments Disabled
TIME CHARTER - VESSEL FAILED SPEED WARRANTY DUE TO FOULING, ITSELF RESULTING FROM A PROLONGED WAIT IN TROPICAL WATERS - WHETHER FAILURE TO MAINTAIN SPEED THE RESULT OF COMPLIANCE WITH CHARTERER'S ORDERS
Due to an underperformance caused by fouling on the Vessel, itself caused by extended stay in tropical waters as ordered by charterer, charterer claimed off hire. Owner countered stating the underperformance resulted from compliance with the charterer’s orders.