近期的伦敦仲裁案17/19中,涉案船舶以期租形式出租,且租约中系并入如下条款:
交船时该船油量为IFO 600.88吨,MGO 33.12吨,相比之下,还船时该船油量为IFO 510.48吨,MGO 20.227吨。毫无争议的是租家违反了租约,还船时油量短少。唯一的问题是依据London Arbitration 15/13 (2013) 881 LMLN 1的裁决,应给予租家多少的还船油限额,而租家认为应当适用5%的误差限额。
详细信息请参阅附件。
Quantity Of Bunker And Deduction From Hire Dispute – Recent Arbitration
In a recent case, London Arbitration 17/19, the subject vessel was time-chartered on a charterparty containing the following clause:
On delivery, the subject vessel had bunkers of 600.88 mt IFO and 33.12 mt MGO. In contrast, on redelivery she had 510.48 mt IFO and 20.227 mt MGO. There was no dispute as the breach by the charterers for delivering the vessel with lesser quantity of bunkers. The only issue was how much margin should the allowed to the Charterers as per London Arbitration 15/13 (2013) 881 LMLN 1, however, the Charterers maintained that 5 per cent was appropriate and should be allowed.
See attached file: ALCO20190015 Quantity Of Bunker And Deduction From Hire Dispute – Recent Arbitration.pdf

