Author: Carlos Gamberucci
TIME CHARTER – INTER-CLUB AGREEMENT – DISCHARGE TO THREE RECEIVERS - CARGO SHORTAGE – OVER DISCHARGE – DETAINED BY RECEIVERS – OFF HIRE – REIMBURSEMENT OF CREW BONUS FOR DANGEROUS WATERS
Disputes in a wheat transport time charter from Ukraine to East Africa involved cargo shortage claims, off-hire due to port delays, and crew bonus issues under an amended NYPE 1946 form. Owners sought $2278K in unpaid hire fees, while charterers counterclaimed for $31K.
BUNKERS – MARITIME LIEN – DEMURRAGE DEBT – ARBITRATION CLAUSE – SUB-CHARTER – NYPE FORM – VOYAGE CHARTER – FAILURE TO PAY HIRE – ARREST
The MARIA THEO I was chartered by Sinco from disponent owners, Marchand Navigation Co. on a NYPE form under English law and with the arbitration in London. Sinco then sub-chartered the vessel to Olam under a voyage charter. Olam incurred demurrage charges, which they agreed to pay Sinco, however, Marchand exercised a lien against Olam, stating breach of the charterparty by Sinco for the failure of Sinco to pay hire and for unpaid bunkers.
DAMAGES – BREACH OF SALES CONTRACT – FAILURE TO PAY - PVC – TRICON – LACK OF PARTICIPATION – CONTRACT CANCELLATION
Tricon Dry Chemicals initiated arbitration against Plastico Bahrain over a breached contract for 300 metric tons of PVC. The proceedings, based solely on Tricon's submissions, sought $156,000 in damages for Plastico's unilateral contract cancellation due to non-payment. Plastico did not participate in the arbitration.
BREACH OF TIME CHARTER – DAMAGES – UNPAID HIRE – FAILURE TO GIVE REDELIVERY NOTICES - FAILURE TO PAY ADVANCE HIRE
Dann Marine Towing sought damages from Amerex Trading Group for breaching a time charter involving the M/V TURQUOISE COAST and Barge DMT 140. Amerex failed to pay the advance hire and other costs, leading to claims totaling $1.9M.
WEATHER ROUTING COMPANY – DELIVERY AND REDELIVERY TIME – WEATHER LOGS – IN-PORT CONSUMPTION – AIS DATA
This arbitration examined disagreements over the delivery of a vessel, its redelivery conditions, in-port fuel consumption, and performance under a charterparty written on a modified NYPE 1946 form. Issues included AIS monitoring, fuel consumption and vessel performance claims.
