Arbitration- Statement of Facts Omitted Rain Periods

These cases typically raise questions about the sufficiency or weight of the evidence.

In this arbitration for disputes arising under a voyage charter party on the Mediterranean Iron Ore form, it was held that although some rain delays were not noted in the statement of facts, the fact that rain delays were noted in the statement of facts for other vessels in port at the same time allows these delays to be included in the laytime calculations.

The Charterer introduced the SOF from another bulk carrier loading similar cargo at Constanza during the same period, and the Owners also provided an SOF from another ship loading at the same time, similar cargo.

To reach its decision, the arbitrators considered the information contained in the three SOFs. As the two SOFs showed similar rain periods, the period was excluded from laytime as the ship was not on demurrage at that time.

Note: there is a similar published London Arbitration award and commentary in Schofield's' laytime and demurrage' book.

#laytime