Author: Brendan Hoffman

Archive / English Maritime Cases

London Arbitration 18/17

STEMMOR 83 - VOYAGE CHARTER - ACCORD AND SATISFACTION - DETENTION - CUSTOMARY ANCHORAGE - NOR VALIDITY - MARKET RATE VS DEMURRAGE RATE - BUNKER COSTS When charterer directed the vessel to cease loading, as she had originally been directed not to start loading until directed by charterer, additional expenses were incurred by owner which owner claimed from charterer.  Then, at the disport the vessel was directed to wait outside the port and not tender NOR till directed.  Owner subsequently claimed this delay as damages rather than as demurrage and at a rate higher than the demurrage rate.
To access this content, you must either Log In or Subscribe.

Archive / English Maritime Cases

Vitol SA v. Beta Renewable Group SA – QBD (Comm Ct), 7 July 2017

SALES CONTRACT - RENUNCIATORY BREACH - FAILURE TO NOMINATE VESSEL - OBLIGATION TO DELIVER When FOB seller indicated an inability to provide cargo, buyer did not nominate a vessel and later, formally accepted seller’s breach.  Seller claimed the non-nomination was an oversight which alleviated it from having to provide the cargo.  Damages claimed by Buyer were basis losses calculated by reference to hedging or alternatively, market value.
To access this content, you must either Log In or Subscribe.

Archive / English Maritime Cases

Dainford Navigation Inc v. PDVSA Petroleo SA (The “Moscow Stars”) – QBD (Comm Ct), 2 August 2017

TIME CHARTER - FAILURE TO PAY HIRE - ORDER FOR SALE OF CARGO When the vessel was sat by charterer for an extensive period of time with late or non-payment of hire, the Court was tasked with determining whether they had the power to implement an order for the sale of charterer’s cargo and whether they should.
To access this content, you must either Log In or Subscribe.

Archive / U.S. Maritime Cases

Thorco Shipping A/S v. Effie Business Corporation S.A. (The “Thorco China”) – SMA 4316, 15 December 2015

NORGRAIN 1973 - FIRE - NORGRAIN EXCEPTIONS CLAUSE - IMPRACTICALITY - REPUDIATED / CANCELLED CHARTER PARTY Due to a cargo elevator, allegedly needed in order for a vessel to discharge bulk cargo, being unavailable due to fire, Charterer cancelled the charter party due to commercial impracticality and a clause in the C/P.
To access this content, you must either Log In or Subscribe.

Archive / English Maritime Cases

London Arbitration 20/17

TIME CHARTER - NYPE - DURATION - OPTION TO EXTEND Basis verbiage in a pro forma recap, charterer argued for a 15 days extension of the time charter.  Owner disagreed that an extension was due, pointing to the ultimate recap which did not reference the extension.
To access this content, you must either Log In or Subscribe.

Archive / U.S. Maritime Cases

Wagenborg Shipping v. Rain CII Carbon (The “Azoresborg”) – SMA 4314, 17 May 2017

AMWELSH - CANCELLED / REPUDIATED CHARTER PARTY - MITIGATED LOSSES - BALLAST VOYAGE - SUBSTITUTE EMPLOYMENT - POSITIONING VOYAGE Upon cancelling the charter party during loading Charterer instructed Owner to mitigate losses by seeking other cargos. Owner repositioned the original vessel and had a sister ship sail a ballast voyage to the delivery location of the follow on time charter of the original ship.  Owner claimed for lost income and bunker costs due to repositioning.
To access this content, you must either Log In or Subscribe.

Archive / U.S. Maritime Cases

Agathonissos Special Maritime Enterprise v. ST Shipping & Transport PTE, Ltd. (The “Aganthonissos”) – SMA 4315, 31 May 2017

ASBATANKVOY - COLLISION - ALLISION - SHIP TO SHIP (STS) - SAFE BERTHING / SHIFTING - GENERAL EXCEPTIONS - CONTRIBUTORY NEGLIGENCE - SEAWORTHY - INCOMPETENCE - LANGUAGE BARRIER - DEMURRAGE - DAMAGES Prior to a Ship to Ship Transfer a supply boat collided with the tanker (“Agathonissos”) it was sent to support.  The Agathonissos subsequently was delayed in lightering the vessel to be lightered (VTBL) which, being needed elsewhere, lightered to a replacement lightering tanker.  The replacement lightering tanker eventually lightering to the Agathonissos after the Agathonissos was repaired.  The owner of the Agathonissos alleged the supply vessel was unseaworthy due to its crew and held the Agathonissos’s charterer liable.  The charterer alleged the same of the Agathonissos.  Charterer also attempted to rely upon clauses 6 and 7 of ASBATANKVOY to deduct time from counting.  Owner pointed to two clauses in the C/P, Clauses 9 and 19 of ASBATANKVOY, within which the charterer assumes the risk and peril of a lightering and neither party is to be held liable under certain circumstances.
To access this content, you must either Log In or Subscribe.

Archive / English Maritime Cases

London Arbitration 15/17

NYPE – CRANE BREAKDOWN – OFF HIRE – LASHING MATERIALS – SHORE CRANE HIRE – BURDEN OF PROOF – PROVISION OF ORIGINAL INVOICES VERSUS PDF’s When one of the Vessel’s cranes couldn’t be used, charterer asserted the vessel was off hire and claimed for costs.  Owner countered that as no time was lost the vessel was on hire and in response to charterer’s claim for costs, owner requested original invoices rather than .pdf’s.  Owner also claimed for the cost of lashing material whilst charterer claimed for the cost of a shore crane hired due to vessel’s broken crane. [dropcap]A[/dropcap]long with...
To access this content, you must either Log In or Subscribe.

Archive / U.S. Maritime Cases

Ellin E.N.E c/o Nereus Shipping v Castleton Commodities Shipping Co. Pte. Ltd. and Phillips 66 Company (The M/V “Romantic”) – SMA 4299, 11 Jan 2017

BPVOY4 - "ALL INCLUSIVE" FREIGHT COVERING ALL COSTS OF VOYAGE - RIVER BERTH REQUIRING STANDBY TUGS Afforded a range of ports within the fixture recap, Charterer directed the Vessel to a river berth wherein due to high current, standby tugs were required. Owner claimed the cost of the standby tugs from Charterer. Charterer pointed to freight being “ALL INCLUSIVE” and thus covering all costs of the voyage inclusive of standby tugs.
To access this content, you must either Log In or Subscribe.

Archive / English Maritime Cases

London Arbitration 7/17

INTERIM PORT CALL FOR CUSTOMS REQUIREMENT BEFORE AND AFTER DISCHARGE - DEVIATION - BUNKER COSTS - DEMURRAGE When the vessel was required to attend a port prior to and after the disport for customs reasons, owner charged the transit times from and to the interim port, the time in the interim port, and extra bunkers consumed. The charterer rejected owner’s claim under the auspices that the interim port calls were “beyond charterer’s control”.
To access this content, you must either Log In or Subscribe.