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The Pearl C is a potentially important decision in that it identifies the performance warranty in the vessel’s description as the relevant yardstick against which the slow-steaming can be measured. The Court approved the approach taken by the Tribunal whereby they decided that deliberate slow steaming was the only reasonable explanation in the absence of any obvious mechanical problem, adverse weather or other reason for the slow performance of the vessel.
In the circumstances where: (i) where the absence of a good explanation for poor performance may be sufficient to establish a claim for breach of clause 8 or a claim for off-hire and (ii) the general prevalence of slow-steaming, the decision of The Pearl C indicates that an owner who chose to steam more slowly for commercial or other will not be able to hide behind a performance warranty which applied only upon delivery.
What should such an owner do to avoid such claims?
