In London Arbitration 23/07 – 730 LMLN 2 the vessel was chartered on the Gencon form from one safe port /berth Zhenjiang, China to one safe port/berth Vitoria, Brazil. The disputes which arose included demurrage and despatch at the loading port, including whether there was a breach of charter in that the vessel’s gear could not lift the 20 mt specified in the charter but only 8 mt; whether the vessel was a berth or port charter, based on a claim that the insertion of WIBON must mean it was a berth charter as it would be unnecessary in a port charter. Looking at the charter provisions as a whole, this was rejected. There were also disputes as to whether various periods of time counted.
The owners’ claim for charterers’ dues at the discharge port where there were delays resulting in additional dues for wharfage and watchmen failed: as the charter provided for demurrage, the owners would have to find a separate breach of a further obligation by the charterers to entitle them to damages, which they failed to show.
There were further disputes at the discharge port concerning whether the charter was a berth or port charter and the significance of the WIBON provision. There were also claims relating to periods of time when the vessel was berthing and preparing for loading and other delays such as awaiting trucks and stevedores: none were covered by exceptions in the charter and none arose from fault on the part of the owners.