Beyond the forecast: Master's discretion vs. charterer routing

Modern day route planning requires a balance between adhering to charterer-provided weather routing advise and Masters exercising their authority in ensuring the safety of the vessel. In practice it is difficult to achieve and can lead to disputes, as in London Arbitration 06/25 where the Master decided to deviate from the charterer's recommended weather routing due to escalating weather concerns thereby lengthening the voyage.

Following departure from a Netherlands port en route to the US, the vessel initially followed the charterer's routing passing North of Scotland, which predicted Beaufort force 7-9 winds and 8.6m waves. Updated advisories predicted Beaufort force 9 winds and 9.3m waves. Expecting waves exceeding these forecasts, Master, in consultation with the Managers, re-routed on a Southerly route through the English Channel. Charterers argued the master's deviation constituted a breach of contract resulting in additional expenses and lost time, and that the master ought to have taken the decision to proceed along the English Channel before departing from the port.

The arbitration tribunal upheld the master's decision to reroute on safety grounds, clarifying that charterer recommendations do not constitute binding orders. However, they also determined that the master's delay in questioning the recommended route before departure constituted a breach of his duty to proceed with "due despatch." This resulted in a reduction in the owners' claim for hire.

LinkedIn post: https://www.linkedin.com/posts/siddharthmahajan18_maritimelaw-activity-7306627092316598272-W0PX?utm_source=share&utm_medium=member_desktop&rcm=ACoAABExK0oBXCOltvNUA8RFP0471y6zCcwxsNo