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Speed & consumption claim - it's all about the language

What does this clause imply: “The time during which there is bad weather/heavy swell or adverse current with wind exceeding beaufort force 4 and/or douglas sea state 3 will not be taken into consideration for the calculation of the performance.”

Is it -

  1. adverse current related to ‘BF4/sea state 3’ and the bad weather is left undefined; or

  2. the words have been inserted wrongly, i.e. placing of adverse current and bad weather needs to be swapped?


In London Arbitration 09/18, the Tribunal went with option ‘ii’. It was inconceivable that Beaufort Force 4 and Douglas Sea State 3 would apply only to ‘adverse current’ and not bad weather. Correct in my view.



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