London Arbitration 3/26 (2026) LMLN 1203

The charterers claimed overpaid hire under a time charter, alleging underperformance, while the owners denied liability and counterclaimed. The tribunal determined preliminary issues concerning weather evidence and performance warranties. It held that weather should be assessed by deck logs unless the charterers proved a consistent discrepancy, and that the burden of proof lay on them. Of two competing definitions, the tribunal found that the narrower “good weather” definition applied. The performance warranty was not continuing but applied only at the date of the charter. Positive currents were not to be discounted.

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