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Speed & Consumption Claims Part II Mapping London Maritime Arbitration Awards (1980-2020) Sep 23, 2021 6 min read Krikris-Speed-and-Consumption-Claims_-Part-II_-Mapping-London-Maritime-Arbitration-Awards- . Download • 757KB This post has been slightly amended in the subsequent guidebook: “Speed and Consumption Claims: A practical perspective and statistics”- Please refer there. “Speed and Consumptions were, generally speaking, pretty routine and were matters with which arbitrators had considerable familiarity”. (London Arbitration, 1997) Speed and Consumption claims are usually of relatively low value and most of these cases are resolved either amicably or by arbitration. Only a few cases reach the Courts by way of appeal or application from the arbitration. Therefore, the parties rely on the numerous awards that have been published in the past years: when drafting or negotiating a performance clause before finalizing the fixture; when attempting to reach an amicable settlement of their dispute; when submitting their claim to arbitration or following an alternative dispute resolution process. The below graph or ‘map’ provides a quick view of most of the awards issued by London Tribunals and published in LMLN for the period 1980 to 2020. Further, it illustrates that ‘speed and consumption claims’ regularly involve a plethora of factual and legal issues; as briefly stated in the previous article Speed and Consumption Claims (Part I): A practical perspective. For easy reference, the awards have been categorized on the basis of issues discussed or determined by the tribunal; and on how often the issue is raised in practice. In particular, the ‘map’ includes the below categories: The dispute (the starting point) No ‘good weather’ and the ‘near good weather’ conditions were considered to establish breach or loss; whether the warranty was a continuing warranty e.g. “throughout the duration of this charter” or “during the currency of this charter”; whether the loss is ‘
Speed & Consumption Claims Part II Mapping London Maritime Arbitration Awards (1980-2020)
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