EMVOY SPECIAL CLAUSE 15 – EXXONMOBILE VOY2012 – CARGO STORAGE – DAMAGES – AUTHORITY OF BROKER TO REPRESENT BOTH PARTIES – MEETING OF THE MINDS
The dispute between SeaRiver Maritime (Charterer) and Teekay Tankers Chartering (Owner) revolved around the terms of a charter party agreement for the vessel ZENITH SPIRIT. The key point of contention was the interpretation of Special Clause 15 from the contract written on an ExxonMobile VOY2012, with Owner claiming a guaranteed minimum of 90 days of storage, while Charterer contended that storage was at Charterer’s option.
EMVOY 2012 – WITHHELD SAMPLES – SAMPLE CONTAMINATION – JOINT SAMPLE TESTING – ARBITRABILITY – CAUSE OF CONTAMINATION
An Owner and Charterer entered into a Contract of Affreightment (COA) for the transportation of bulk chemical products from Singapore to Australia. Sampling at the discharge revealed water droplets and cloudiness in the cargo. The Charterer withheld samples from the discharge from joint testing that was requested by the Owner to determine the cause of contamination.
VOYAGE SPEED – WEATHER – DEMURRAGE CLAIM – OWNERS GUARANTEE – SLOW STEAMING – ASBATANKVOY
A voyage charter was made for the transport of clean petroleum product (CPP) from Cherry Point, Washington, to a Chilean port of the Charterer’s choice. Owners initiated arbitration seeking a partial final award of outstanding demurrage, plus interest, costs, and attorneys’ fees. Charterer disputed the claim, asserting that the vessel failed to meet the charterparty speed and failed to adhere to voyage orders, resulting in a missed discharge window.
PARTIAL PAYMENT – DAMAGES FOR DENTENTION – DEMURRAGE – FAILURE TO APPOINT ARBITRATOR – ACKNOWLEDGMENT OF DEBT – FAILURE TO MAKE PAYMENT
This arbitration involved a charterparty for the transport of bulk aggregate sand from Kingston, Jamaica, to Nassau, Bahamas. Oslo Caribbean Carrier AS, the owner of the M/V SEA CARRIER, claimed outstanding demurrage payment and interest from Knowles Construction & Development Co. Ltd., the charterer.
English Maritime Cases / Singapore Maritime Cases
by Erinn Miller · Published January 8, 2024 · Last modified June 12, 2024
DEMURRAGE – FAILURE TO NOMINATE VESSEL – BREACH OF CONTRACT – MITIGATION OF LOSS – PRINCIPLE OF MINIMUM PERFORMANCE
This case involves a dispute arising from a trip charter for the shipment of coal from Indonesia to Thailand. The charterparty specified two voyages. The Owner failed to nominate vessels for these shipments, leading to a breach of the charterparty.
English Maritime Cases / Singapore Maritime Cases
by Erinn Miller · Published January 8, 2024 · Last modified June 12, 2024
DEMURRAGE – GENCON 1994 FORM – FAILURE TO PROVIDE CARGO – BREACH OF CONTRACT – NON-PARTICIPATING RESPONDENT – UNCITRAL MODEL LAW – COMPENSATORY DAMAGES – NO APPOINTMENT OF ARBITRATOR
The case involved a fixture recap that agreed cargo was to be loaded in Vietnam and delivered to a port in China. The charterers failed to provide the cargo despite repeated requests from the owners. The charterers refused to participate in arbitration and provided no defense.
CHARTERPARTY BREACH – LATE DELIVERY – CARGO SPECIFICATIONS – ABANDONED CARGO – VESSEL SUBSTITUTION
In this arbitration between Phibro Renewables AG (Charterer) and Formosa Plastic Marine Corporation (Owner), disputes arose from a charterparty agreement concerning the transportation of 5,000 metric tons of UCOME. Charterer claimed damages due to alleged breaches by Owner, including late delivery and vessel substitution, while Owner counterclaimed due to alleged cargo loss.
TIME BAR – DEMURRAGE – MISDELIVERY OF CARGO – HAGUE-VISBY RULES – CONGENBILL FORM – BILLS OF LADING – FINANCING OF CARGO
FIMBank appealed a decision regarding the misdelivery of cargo, revolving around the application of the Hague-Visby Rules and the time bar provision. The Court of Appeal analyzed the evolution of the Hague-Visby rule’s wording and its implications. The court also examined the potential of an implied term within the bills of lading.
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