Deviation for the supply of bunkers after redelivery

Summary prepared by Prokopios Krikris, FCIArb, Arbitrator

One of the issues in this arbitration concerned the Owners’ claim for hire for a period being disputed by the Charterers. In particular, the Owners calculated hire up to DLOSP Las Palmas, where bunkers were supplied by the Owners, due to Charterers’ breach of redelivering the Vessel at Casablanca with the agreed quantities. However, this was rejected in the arbitration, holding that since the Vessel was scheduled to call Dakar after Casablanca and the bunkering port was en route to the scheduled port, the Owners were not entitled to compensation for the voyage from Casablanca to Las Palmas, but only for deviation from the plotted track.

According to the Master's report, the deviation from the Casablanca/Dakar track was 50 nautical miles. For the deviation and the stay at Las Palmas, the Vessel calculated a bunker consumption of 2.8 M/T IFO and 3.33 M/T MGO. Since the Vessel also took bunkers and freshwater for Owners' account, the Owners were not allowed to recover any port expenses which, in the normal course, would have been recoverable. They were entitled to recover the bunker costs and deviation time/port stay.

Note: this is for information purposes only.