Author: Carlos Gamberucci

English Maritime Cases

London Arbitration 17/23

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.

English Maritime Cases / Singapore Maritime Cases

Marchand Navigation Co v Olam Global Agri Pte Ltd and Another –Singapore High Court – 29 Nov 2023

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.

U.S. Maritime Cases

Tricon Dry Chemicals (TDC) v. Plastico Bahrain – SMA No. 4470, 26 January 2024 

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.

Featured / U.S. Maritime Cases

Dann Marine Towing v Amerex Trading Group (The “TURQUOISE COAST”) –  SMA No. 4471– 31 January 2024

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.

English Maritime Cases / Featured

London Arbitration 18/23

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.