London Arbitration 11/10

GENCON -- LAYTIME DURING PERIODS OF HEAVY SWELL -- WEATHER WORKING DAYS -- RESULTING SHIFTING EXPENSES -- SAFE BERTH -- Charterer Award Basis a charter party stipulating cargo to be discharged at an average rate "per weather working day" the Panel determined laytime was not to count during a period of port closure due to Ressac swells. The Owner was responsible for the cost of unberthing and reberthing during the port closure as Charterer had not breached their safe berth warranty as the port closure was at the direction of the harbormaster and the Vessel was able to unberth and reberth safely.