Cape Tankers, Inc. v. Adam Maritime Corp. (The “Cabo Tamar”) – SMA No. 3705, 24 Sep 2001

ASBATANKVOY -- CARGO -- ROB -- TANK -- ARBITRATION -- WITHHELD FREIGHT -- BURDEN OF PROOF -- Charterer Award After discharging, there was over 5000 bbls of unpumpable cargo remaining in Vessel tanks. The Owners began arbitration for withheld freight costs on the grounds that the Charterers told the Vessel to keep cargo as cool as possible, which inadvertently rendered it unpumpable. The Owners further claim that the burden to prove that the ROB was liquid and pumpable falls on the Charterers.