Charterparty – Amended NYPE 1946 form – COVID-19 PCR test certification – Rejection at Chinese port – Owner’s Deviation – Seaworthy – Off-hire

This case was an appeal of London Arbitration 8/25, which arose from a dispute under a time charterparty involving the vessel Sagar Ratan, concerning whether the vessel was off-hire during a delay caused by a Covid-19 outbreak among the crew. The vessel had been chartered by disponent owners to the charterers under an NYPE form for a one-time trip from the Philippines to China via Australia.

Charterparty – Amended NYPE 1946 form – COVID-19 PCR test certification – Rejection at Chinese port – Owner’s Deviation – Seaworthy – Off-hire
A vessel chartered under an amended NYPE 1946 form was denied entry to Nanjing, China, because eight newly joined crew members lacked PCR certificates meeting local COVID-19 entry requirements. The vessel had to divert to Busan for testing before returning to Nanjing, causing delay and additional costs. Charterers sought damages, arguing the vessel was unfit for service on arrival, while Owners contended that compliance with local health regulations was the Charterers’ responsibility and that the PCR certificates were not required under the charterparty’s definition of “international certificates.”

Amended NYPE 1993 form – Final hire accounts – Off-hire – Underperformance claim – Weather evidence – Definition of “about” – Definition of “up to” – Adverse current – Stevedore damage – Bunkering incident – Master’s discretion – Burden of proof – LMAA FALCA Rules
The dispute arose under a time charter based on the amended NYPE 1993 form. Issues included vessel performance claims based on speed and consumption warranties, damage allegedly caused by stevedores during cargo operations, and a bunkering incident where parted mooring ropes led to an aborted operation and crew injury. The parties presented evidence such as weather routing reports, master’s logs, surveyor findings, and documentation to support their respective claims and defenses.

NYPE 1993 – TIME CHARTER – OFF HIRE – OWNERS’ DEVIATION – WEATHER ROUTING COMPANY – WRC
A dispute arose under a time charter trip on an amended NYPE 1993 form for a voyage from Terneuzen, Netherlands to Jacksonville, Florida. The charter included a laycan of 4 to 8 February and an expected duration of about 25 days WOG. Following redelivery on 6 March, the owners claimed a balance of US$119,557.65 primarily for hire and bunkers, while the charterers denied liability, arguing the master unjustifiably deviated from their routing instructions, causing delays and additional costs.