No set-off of charterers’ claims against debt for reimbursement of additional premium.

 

In London Arbitration 11/17 the vessel was time chartered on an amended NYPE 93 form under which the charterers gave orders for a voyage to a range of ports in Yemen. This led to the vessel incurring an additional premium of nearly $203,000 for transiting the Gulf of Aden and a call to Yemen. The additional premium was for charterer’s account under 82,  but charterers said that there had been a significant increase in APs for Yemen with effect from 25 May 2015, and complained that if the owners had not been guilty of culpable delay during the earlier stages of the voyage, the charterers would only have been required to pay the pre-increase rates. The tribunal held that the sums due by way of clause 82 of the charter were due by way of debt and there was no express or implied right to make an equitable set-off of such debt. Owners were entitled to reimbursement of the Aps in full and charterers would then have to counterclaim whatever part of the sum now awarded was recoverable by the charterers by reason of breach of owners’ alleged breach of charter.

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Professor Simon Baughen

Professor Simon Baughen was appointed as Professor of Shipping Law in September 2013 (previously Reader at the University of Bristol Law School). Simon Baughen studied law at Oxford and practised in maritime law for several years before joining academia. His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world. Simon's book on Shipping Law, has run to five editions and is already well-known to academics and students alike as by far the most learned and approachable work on the subject. Furthermore, he is now the author of the very well-established practitioner's work Summerskill on Laytime. He has an extensive list of publications to his name, including International Trade and the Protection of the Environment. He has also written and taught extensively on commercial law, trusts and environmental law. Simon will be a member of the Institute of International Shipping and Trade Law, a University Research Centre within the School of Law, and he will teach on both the LLM (Carriage of Goods by Sea, Land and Air and Oil and Gas Law) and LLB programmes at Swansea.

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