George Schlinkert, vice president of business development at Route Advisory Services at StormGeo, said that in October 2018, a court rejected the Automatic Identification System (AIS) data after it showed a boat break of nearly two days. If the charter agreement had established in advance that this data could be used, the result might have been different. In particular, the specific wording of charter clauses for bulk cargo traffic will often determine the outcome of a dispute settlement. Sometimes this wording may not reflect what the parties actually intended to do. Moreover, what is omitted from this wording can have costly consequences. The Tribunal found that this approach was not appropriate. The indication of « no adverse current » in the description of good weather should ensure that the vessel is not hampered by electricity in calculating its power. The withdrawal of positive flows, as attempted by the weather route report, went beyond the recaps mission. Simon Milnes, a lawyer who often conducts cases with the Maritime Arbitration Association of London and who also sits as an arbitrator, says that if a charter agreement contains a requirement for the use of a specific source or type of data, the court will follow the party`s agreement. Some arbitration proceedings are therefore resolved solely on the basis of the data source chosen by the parties, such as StormGeo.
However, if there is no explicit agreement on the use of an independent source of weather data, courts generally give more weight to ship protocols. The charterers overran reports from a weather routing company to claim violations of performance guarantees in good weather and claimed damages of $128,388.86. The owners argued that there had been no good weather periods and that, therefore, any right to under-performance would inevitably fail. The Arbitration Court verified that the conditions of the charter holiday were a good definition of the weather. Naval insurer Skuld recently stated in a web-based expert that speed and consumption are still a « hot topic », but unfortunately it is also one of the legal areas that contains a high degree of uncertainty. The club found that parties to a charter party would often not appreciate the importance of the definition of « good times », which guarantees the performance of the ship, and that this lack of esteem may well come back to pursue them. This judgment also confirms that if an infringement is found in good weather, the service under these conditions applies to the entire charter period (as decided in The Didymi and The Gas Enterprise), and not just at one stage of a trip as part of this charter festival.