The question of law which arises on these arbitration appeals is as follows: ‘Where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for the owner to prove that the underperformance resulted from compliance with the time charterer’s orders?’
Phillips J
[2016] EWHC 1506 (Comm)
Bailii
Arbitration Act 1996 69
Arbitration, Transport
Updated: 18 January 2022; Ref: scu.566292