In brief - Carrier found liable for unreasonable delays due to
slow steaming
Arbitrators find that charterers are entitled to withhold part
payment due to owners' breach of utmost dispatch warranty and
this decision is upheld on appeal.
Charterers claim breach of clause 8 in NYPE Form of Charter
Party
The case Bulk Ship Union SA v Clipper Bulk Shipping Limited
(The "Pearl C"), (2012) 2 Lloyds Rep 533 concerned a
claim by charterers against owners that there had been a breach of
clause 8 in the NYPE Form of Charter Party. That clause requires
that "the Captain shall prosecute his voyages with the utmost
dispatch".
The owners claimed US$624,276.77 in respect of the balance of
hire due under the charter, which had been for a period of about
9-12 months. The charterers claimed to be entitled to withhold hire
for underperformance on the basis of the owners' breach of the
utmost dispatch warranty in clause 8 and an entitlement to deduct
for time lost due to slow
