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MediMARE GAMES - Ship's Deviation

MediMARE GAMES are a series of games related to the project's main issues in order to promote the knowledge and reflection about maritime disputes and mediation.

Ship's Deviation

In this game,the player will be able to think about Deviation

Deviation is when a ship changes its route due to justifiable causes, such as saving lives, supporting another ship in danger or without justifiable cause. Deviation may lead to a delay in the contract deadlines. Unjustified deviation is a fundamental breach of contract and the charterer has the right to elect to terminate the contract.

Ship Maria (with registered place of business in Ecuador) was navigating from Ecuador to Qatar. On its way, it deviated its course in order to support another ship that was in danger. Ship Maria saved many lives, but breached its chartering contract with Transports Inc. (with place of business in Qatar).

In the charter contract signed by the contracting parties, there was a mediation clause (according to the ICC Mediation Rules), which made attempt of mediation mandatory for the parties, before any other legal action (including arbitration or State Courts).

The charterer is looking to sue, claiming the deviation was unjustified, as other ships in the area could have deviated to save the ship in danger. Ecuador and Qatar are parties to the Singapore Convention on Mediation.

You are the charterer (Transports, Inc) and you want to start an arbitration procedure against Ship Maria, for the damages you have suffered, due to unjustifiable breach. Is starting an arbitration procedure a good idea?