In London Arbitration 1/08-734 LMLN 1(2) the vessel was chartered on the NYPE form. At the discharge port there was a problem because a pillar of discoloured, caked and generally damaged soya beans was found in the centre of hold no. 5. Discharge was therefore stopped after completion of discharge of the sound cargo, and the ship was shifted to another berth where she remained until being shifted to yet a further berth. She was then taken to the outer anchorage, where she remained until the charterers instructed her to sail to the second discharge port.
The charterers claimed off-hire from the time discharging stopped at the first discharge port until the vessel sailed. The Tribunal did not deal with the cargo damage, but simply with whether the off-hire provisions in the charter applied. On the evidence it was found that the discharging stopped because the Central Laboratory, a Government department, sent a letter to the harbourmaster asking him to ensure that discharge was terminated. Once discharge had stopped it was not possible for it to resume because the harbourmaster would not permit this. During the period in question the ship was doing what the charterers required, namely awaiting the cargo analysis results, and the outcome of the efforts they were making to resolve the dispute concerning the damaged cargo. The vessel was at all times fully capable of discharging, subject to the fact that at that particular discharge port the discharge of the remaining cargo in hold no. 5 was prohibited. It was found on the facts that the charterers could not bring themselves within Clause 15 of the charter. The full working of the vessel was, at the material time, not prevented in any way. There was no requirement to provide security, and no detention of the vessel. The inclusion of the word “whatsoever” in Clause 15 was of no relevance in this case. The charterers were also unable to bring themselves within Clause 56 as there was no seizure, arrest, detention or delay of the vessel by any authority. The reality of the situation was that the ship did not sail until the charterers chose to order her to do so. Accordingly, hire was payable throughout the period.