ConocoPhilips Co. v. Cygnus Transport Ltd. (The “Oklahoma”) – SMA No. 4079, 11 Jun 2010

ASBATANKVOY -- DEADLINE MISSED FOR LIFTING SUBJECTS -- DAMAGES FOR HIGHER FREIGHT ON SUBSTITUTE CHARTER -- Owner Award Incurred during a volatile and rising market, this dispute hinges on whether Charterer can prove subjects were lifted prior to the deadline. As Charterer had no written proof subjects had been lifted and with Charterer’s broker claiming subjects were lifted prior to the deadline and Owner’s broker claiming time had run out, the Panel weighed various testimony concluding that Charterer did not fulfill their burden.