What Price Independence?
by Allen Webb
Who is independent? Charter Parties often contain some phrase stating, for example, “Evidence of weather conditions are to be taken from the vessel's deck logs and the reports of an independent weather bureau.” And that, “In the event of any discrepancy between the deck logs and independent weather bureau, then the independent weather bureau reports are to be taken as ruling.”
Is AWT Independent? It has been argued, incorrectly, that any body or party appointed by another cannot be regarded as independent. Many owners and charterers have attempted to use this argument in defence against the use of AWT data. Of course, AWT is not independent if the criteria for the description of the word “independent” is taken to be whether or not a party has been appointed by another party, but this misses the point that the data used by AWT is independent data. It is not “AWT data” but independent verified data. Therefore, the term “independent” is most certainly covered in this respect. All AWT data is independent and entirely derived from independent sources such as direct satellite measurements.
It was not always the case. Thirty years ago, the data was “analysed data” but today, in the 21st century, we are able to utilise fully independent data. However, this important distinction is not always known by those making judgements in some disputes and therefore they make judgements on the basis of misinformation. In many cases, AWT have not been informed that legal teams are representing clients in dispute and therefore the important relevance of our independence maybe lost. We urge all companies that in the event of a dispute, take full advantage of the totally free consultation service AWT provides to fully explain the content of our reports and the basis of the data. This is important, as any opposing data may well be data that is not independent.
We have often been asked to adjust data to better support the needs of the company appointing us. We have also been asked to enter a contract whereby in return for continuous services to route all the vessels in a fleet, we exclude all other parties from appointing us including the exclusion of a party that would normally charter the vessel. For example, an owner of a substantial fleet recently asked just that question. The contract, however, was such that no charterer could use our services on their vessels. In accepting such a contract, we would lose impartiality; we would lose credibility and we would lose the highly regarded reputation we have established. We have given up the short term opportunity of greater revenue, but that is the price we most certainly have no hesitation in paying. That is our price for independence.
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