London Arbitration 4/26 (2026) LMLN 1203

Time Charterers relied on a WRC Report to justify deductions from hire for underperformance and overconsumption based on (i) extrapolated ‘good weather’ underperformance; alternatively (ii) a fouled hull on delivery. The Tribunal dismissed the former as it failed to recognise the C/P ‘adverse current’ parameter and the latter as Charterers’ survey was inconclusive. Charterers’ contention that  it was underperformance which caused Owners to incur regulatory costs under incorporated BIMCO emissions clauses (thus relieving Charterers from any reimbursement obligation) failed for the same reason.

Read the full judgment here.