Upon completion of loading, the charterers placed the vessel off-hire under Clause 15, alternatively claiming damages, due to a delay of approximately three days required to finalize the loaded figures. This delay was allegedly caused by the vessel’s inability to assess its own weight accurately, leading to a discrepancy of nearly 1.4% between shore weights and draft surveys of total cargo (about 900 mts difference). There were draft surveys conducted at berth and some at the anchorage, under the effect of weather. Subsequently, the vessel's departure was further delayed due to bad weather, preventing the fumigation team from boarding. The charterers sought to claim this additional delay period under Clause 15 as "all extra related expenses."
Based on the evidence presented, the tribunal determined that the draft surveys at the loading port were inaccurate—likely due to imprecise water ballast measurements. Even accounting for weather-related discrepancies, the tribunal found the discrepancy to be excessive, concluding that it resulted from a fault on the vessel's part, thereby placing the owners in breach of Clause 1.
The tribunal accepted the off-hire period and further determined that the additional delay due to adverse weather fell within the scope of Clause 15, encompassing “all extra related expenses.” According to the tribunal, when a breach causes the charterer to incur losses in terms of costs, expenses, or time, the owners are liable for these losses, provided the delay is directly attributable to the breach.
Author's comment: no other information can be provided for this SCP
award summary.