Speed and consumption disputes are probably amongst the most common arising under time charters. However, there is only limited judicial and arbitral authority as to the correct approach to the calculation of such claims and the exercise of calculating a vessel’s underperformance over a single leg or course of a charterparty can itself be difficult, expensive and time-consuming.
This seminar will examine:
• The guidelines a marine expert follows when approaching a speed and performance dispute
• How the marine expert undertakes the performance calculations
• The marine expert’s consideration of fuel consumption
• How the marine expert works with Marine Bureaux/weather experts on performance calculations
• The weather expert’s role, including an outline of modern methods used for assessing weather, how weather is forecast and the latest technology used by Weather Bureaux
• Are all the legal issues now resolved?
• Evidential issues: logs versus Weather Bureau performance calculations
• Particular charterparty clauses