English Case Law Precedents
The common law system works on a system of precedents by which the decisions of higher courts bind all the lower courts. Arbitration tribunals are positioned at the bottom of the hierarchy, which means that arbitrators have to apply the principles of the decisions taken in higher courts of English Law.
Ship Performance is determined based on Good Weather Analysis. Time lost and over-consumption calculations are extrapolated and applied to all weather conditions.
Whether or not the owners are in breach is determined by the average speed during the good weather periods.
“Without guarantee”/WOG disallows speed and consumption claims.
A minus 5% should be adopted in bunker saving calculation.
WNI Official Performance Auditing