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.

One thought on “No set-off of charterers’ claims against debt for reimbursement of additional premium.

  1. Pingback: No set-off of charterers’ claims against debt for reimbursement of additional premium. – Inno TankBulk

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