NYPE -- LOSS MITIGATION -- UNSAFE BERTH -- VESSEL DAMAGE -- CHARTER HIRE RATE -- PROTRACTED VOYAGE -- WITHOUT GUARANTEE PROVISION -- Partial Owner Award
The Disponent Owner’s claim was a summation of five different issues recapped below as (1) Vessel damage while alongside the discharge berth; (2) disputed daily hire rate for transit time to Santos to conduct repairs; (3) unsafe berth; (4) time charter trip exceeding the estimated voyage days fixed; and (5) indemnity for a third-party claim for underperformance attributable to bottom-fouling (due to prolonged waiting time at Charterer’s disport).