案件事实 合同条款 Clause 74 of the charterparty provided: “ SPD/CONS ARE ABOUT, UNDER GOOD WEATHER CONDITION’ I.E. THE WINDS NOT EXCEEDING BF4, EVEN KEEL, NO DECK CARGO, NO SWELL, NO ADVERSE CURRENTS, THE SEA STATE UP TO DOUGLAS SEA SCALE 3 (MAX 1.25M). THE WORD ABOUT IN SPEED/CONSUMPTION REFERS TO AN ALLOWANCE OF +/- 0.5 KNOTS ON SPEED AND +/- 5% ON BUNKER CONSUMPTION RESPECTIVELY BOTH ALWAYS IN VESSEL’S FAVOUR. ANY GAIN ON TIME AND/OR CONSUMPTION TO BE SET OFF AGAINST LOSS OF TIME AND/OR CONSUMPTION – IF ANY. ABT 13 KNOTS ON ABT 20 TONS VLSIFO + 0,1 MT LSMGO ECO SP/CONS: ABT 12 KNOTS ON ABT 18 TONS VLSFO + 0,1 MT LSMGO” Clause 67 of the Additional Clauses, provided: “Clause 67 Weather Routing ....Evidence of weather conditions shall be taken from Vessel’s logs. Consideration of minimum 24 hours continuous good weather periods from noon to noon. No hire deductions for alleged underperformance claims. Vessel to be monitored by Charterers’ appointed weather routing company strictly in accordance with the performance warranty. The independent weather reporting bureau appointed by Charterers will be for their account. This does not preclude Owners from appointing their own independent weather reporting bureau for their account which evidence along with Vessel’s evidence shall be taken into consideration by all parties. …” 航次执行 船东的主张 航速保证 “(a) in winds not exceeding Beaufort Scale (BF) 4; (b) on even keel, or a trim by the stern up to 1.5 m, provided within master’s control; (c) no deck cargo; (d) no (adverse) swell; (e) no adverse currents; and (f) sea waves to a maximum of 1.25 m.” 气导报告的合理性 船东主张的评判
但,仲裁庭认为气导报告记录的天气数据可以被接受用以评判该船的performance。 那么这又该如何计算呢? 总结
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来自: 踏雪无痕zmbk92 > 《ALEX ZHAN》