London Arbitration 18/17 involved two claims by owners arising out of charterers’ orders, first to suspend loading after the vessel berthed and second to wait outside the discharge port while charterers deliberated on whether to discharge at an alternative port.
The first order was contractual as charterers had the liberty to use the laydays as they chose and there was no scope for owners recovering the extra port expenses incurred during the suspension of loading. Under a voyage charter there was no indemnity for owners for expenses incurred in following charterers’ orders.
The second order was non-contractual as under the terms of the charterparty the vessel was to sail directly to the discharge port where she could tender NOR and laytime could commence. Charterers’ orders prevented the vessel from proceeding to such a position and damages were payable to owners for the entire period of delay to the vessel in reaching the position where the vessel could tender an NOR. Owners were entitled to damages, rather than demurrage, together with the costs of bunkers consumed.
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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 seven editions (soon to be eight) 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, and Human Rights and Corporate Wrongs - Closing the Governance Gap. He has also written and taught extensively on commercial law, trusts and environmental law. Simon is a member of the Institute of International Shipping and Trade Law, a University Research Centre within the School of Law, and he currently teaches at Swansea on the LLM in:Carriage of Goods by Sea, Land and Air; Charterparties Law and Practice; International Corporate Governance.
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