London Arbitration 3/12
NYPE — SPEED AND CONSUMPTION — VESSEL UNDERPERFORMANCE — FAIR WEATHER CLAUSE — VOYAGES ASSESSED INDIVIDUALLY — Charterer Award
Charterer withheld hire due to Vessel underperformance in two out of the 17 voyages over the course of the time charter. Based upon the express performance warranty including the phrase “all sea passages” and The Didymi principle, the Vessel’s performance was to be measured for each individual voyage, not over the entire charter.
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