In London Arbitration 11/17 it was held in respect of a charter
on an amended NYPE 93 form, incorporating the BIMCO Piracy clause
and the Conwartime clause, that:
A claim for reimbursement of additional premium (AP) for
transiting the Gulf of Aden and a call to Yemen was not analogous
to a claim for hire but gave rise to a claim in debt. In this case
there was no express or implied right to equitable set off of the
debt and so the AP was payable by Charterers to Owners (such sums
being payable within 15 days of receipt of the Owners'
supported invoices or on redelivery under the Conwartime and BIMCO
Piracy clauses). Charterers could then counterclaim in respect of
any alleged breach of charter.
The charter required the Owners to employ crew on terms that
were acceptable to the ITF, and under the terms of the crew
contracts the Owners could not insist on the crew remaining on
board if the vessel proceeded to Yemen. The facts meant that
there was no culpable delay on the part of Owners in changing the
crew. Charterers were therefore responsible for the expense of the
crew change and the crew bonus, the latter remaining payable
notwithstanding the crew change.
The decision clarifies the nature of such claims and illustrates
the strength of Owners' position under the standard
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