In a new arbitration case, (2017) 984 LMLN 4, the method of calculation of measure of damages was highlighted by the learned arbitrators.
On 8 August 2015 the subject vessel was chartered on an amended Shelltime 4 charter for a period of 12 months with an option for a further 12 months plus or minus 30 days. The hire was US$70,000 per day. The Charterers said that the going rate of hire for voyages from the Arabian Gulf to China at the time of the charter was between US$45,000 and US$50,000 per day. Immediately 8 days before the delivery, it was announced that Iran sanctions were to be lifted on 16 January 2016, and it brought the freight market considerably down from its peak. The Charterers were expecting a bit of flexibility from the Owners as to the hire rate, and therefore they accepted the delivery of the vessel.
See attached file: ALCO20170012 Early Redelivery – Measure of Damages.pdf
提前还船 – 损害衡量
新仲裁案(2017) 984 LMLN 4中，博学的仲裁员们强调了衡量损害的计算方法。
2015年8月8日，涉案船舶以经修订的Shelltime 4租约格式签订租约，租期12个月，有权选择延长12个月正负30天。租金为7万美金每天。租家抗辩，租约期间，从阿拉伯湾到中国的航次，市场租金率在4.5 ~ 5万美金一天。交船8天前“2016年1月16日伊朗制裁放松”的消息被公布，这使得运费市场从顶峰急剧下挫。租家期待船东给出带有灵活性的租金率，因此，他们接受交船。
详细信息请参阅附件。
