LMAA 1/26: Strengthening Speed & Consumption Claims Without Good Weather
26/06/2026
Read time: 2 minutes
Category: News
Author: Thomas RussellA recent London arbitration decision (LMAA 1/26) provides practical clarification on how speed and consumption claims may be assessed under time charters in the event of a traditional ‘good weather’ analysis being impossible.
In this case, charterers alleged that the vessel was delivered with substantial underwater hull fouling, resulting in reduced speed and increased fuel consumption. Although the charterparty contained a conventional good weather performance warranty, the required minimum good weather period was not achieved.
The owners argued that, following The Divinegate [2023], performance claims could not succeed unless assessed strictly under the good weather methodology.
The tribunal disagreed, with key findings including confirmation that The Divinegate should not be applied rigidly in cases involving clear physical defects.
Even where the good weather threshold is not met, charterers may still recover losses if reliable expert evidence establishes the performance impact.
Well-reasoned marine engineering analysis, based on accepted scientific principles and vessel data, was considered sufficient to quantify speed loss and increased consumption.
In this case, the tribunal accepted expert evidence demonstrating a speed loss of at least 1 knot, and the charterers’ claim succeeded in full.
Practical impact for stakeholders:
- Speed and consumption claims are not automatically defeated by an absence of qualifying good weather periods, particularly where a physical defect such as hull fouling is established.
- Robust expert analysis can be used to quantify speed loss and increased consumption, even where contractual good weather thresholds are not met.
- Tribunals may accept alternative methodologies for assessing performance, provided they are supported by credible expert evidence and grounded in recognised principles of performance analysis, marine engineering, and naval architecture.
- The focus in such cases is likely to shift increasingly toward technical causation, hull condition, and data-driven performance assessment, rather than strict reliance on contractual performance formulas alone.
LMAA 1/26 highlights the critical role of expert evidence in speed and consumption disputes.
At Van Ameyde Marine, our experts are regularly instructed to advise on speed and performance disputes, and to provide independent, case-specific advice in support of arbitration and litigation.