This was the issue that led to a dispute between the owner and charterer of the 31,000-dwt bulker Paiwan Wisdom (built 2010) with the port in question Mombasa in Kenya.
The 11 to 13 month charterparty incorporated the Conwartime 2004 clause relating to war risks with the disagreement originally going to London arbitration.
The issue was whether the owner was precluded from relying on the conwartime wording to justify the refusal to send the vessel to Mombasa against the background that there had been no material change in the risk between the charterparty being agreed and the voyage order being issues.
The
