‘WOG’ Danger in Speed-Consumption Warranties - Dr. Arun Kasi
Dr. Arun Kasi, 4-5 Gray's Inn Square
This article (in the same or a different version) previously appeared on The Maritime Executive, 16 September 2021 and The Marine Law Box, No. 8, September, 2021.
In time charterparties, the shipowner will warrant the capabilities of the vessel. This includes the speed-consumption capability. This is important to the charterer as the speed affects the time a voyage will take and in turn the hire the charterer pays, and the consumption affects the cost the charterer has to spend on fuelling the vessel. It is quite common for the charterparties to have a ‘vessel description’ clause that will set out the speed-consumption warranty. The vessel description may be pulled in from the Baltic Questionnaire frequently furnished by shipowners. In the case of charterparties in NYPE form (referring to the 1946 version), the most widely used form for dry cargo time charters, one may quite often find a rider clause 29 (or some other number) containing the vessel description.
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