FROZEN BALLAST -- PROOF OF PUBLIC HOLIDAY -- SUBSTANTIVE PROOF -- Charterer Award
Two separate demurrage issues arose over the course of the voyage. At loadport, the Vessel appeared to be fully loaded when, in fact, there was frozen ballast water remaining on board. The Charterers argued that the time spent waiting for the ice to thaw and loading recommencement should not count as used laytime. A second arbitration issue concerned the Charterers’ belief that December 27 was a national holiday (and a laytime exception) at disport.