AIC Ltd. v. Marine Pilot Ltd. (The “Archimidis”) – QBD (Comm. Ct.), 17 May 07

ASBATANKVOY — SHORTLOADED — DRAFT — BAD WEATHER — SILTING — DEADFREIGHT — SAFE PORT WARRANTY — Partial Owner Award

At loadport, the Vessel could only safely load to a less-than-contracted draft level due to bad weather conditions and excess silting. The Owner demanded that the Charterer pay deadfreight for the voyage due to negligence in declaring a safe vessel berth. The Charterer, however, believed that it was the Owner’s responsibility to validate the port’s safety and that the contractual term “safe port” was not a warranty but a mutual agreement that the port was safe.