Q88 (Tanker Questionnaire) is a key document when it comes to tanker chartering. Just how important a part it can play in the event of a dispute between registered owners (/disponent owners) and charterers was highlighted in a recent arbitration case (London Arbitration 17/18) where - when a claim for demurrage was submitted by the disponent owners, the charterers refused to pay it stating that the charter was with the registered owners and not the disponent owners.
Q88 which was given to the charters’ brokers when negotiating the fixture, contained all the necessary details of the vessel and had also clearly named the registered owners and the disponent owners. However, the fixture recap did not include the name of the disponent owners but Q88 did form part of the fixture recap. No formal C/P was drawn up in this case and hence Q88 & fixture recap played such an important part in this dispute.
The Tribunal held that disponent owners were entitled to claim demurrage. Had a formal C/P been drawn up (and signed) with the name of registered owners as ‘owners’ then the outcome may have been different.
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