London Arbitration 14/26

Under a T/C trip, Charterers, having stemmed bunkers, failed to pay the supplier, who then arrested the Vessel at the discharge port; Owners’ P&I first secured and then paid the supplier’s claim, plus costs. Charterers contested any C/P liability to reimburse Owners but the Tribunal disagreed, finding that a ‘non lien’ clause in the pro forma C/P had been incorporated into the present C/P and rendered Charterers liable. The Tribunal also dismissed Charterers’ underperformance claim as the 4 days complained of was the period of the supplier’s arrest.