Author: Haugen Consulting
GENCON -- NO RESPONSE TO DEMURRAGE CLAIM -- AWAIT CARGO DOCUMENTS -- SHIFT OFF BERTH -- BROKERAGE COMMISSION -- Owner Award
Even though the Charterer doesn't repond to the arbitrator's request to participate in the arbitration, the arbitrator looks critically at Owner's demurrage claim and makes revisions to reduce the demurrage amount. A key question in this award is what time counts as used laytime when the Vessel shifts off the berth to await documents at the anchorage prior to departure.
BPVOY -- TIME BAR -- SUPPORTING DOCUMENTS -- CARGO CONTAMINATION -- INERT GAS SYSTEM -- ABSOLUTE OBLIGATION VS USE OF DUE DILIGENCE -- NEGLIGENCE -- Partial Charterer, Owner Award
If the Vessel’s crew failed to secure the common Inert Gas line resulting in the contamination of Charterer’s two cargoes, is the Owner excused under Hague Visby Article IV rule 2(a) i.e. "an act, neglect or default of the master and/or servants of the carrier in the management of the vessel"? Regarding demurrage time bar requirements, if the governing clause stipulates that the Vessel’s pump log is to be counter-signed by the Terminal and said signature is not obtained, is this cause for barring the entire claim or just that one aspect of the claim? If the operative demurrage time bar clause requires the Vessel’s documents to be counter-signed by a “Terminal” representative and the cargo transfer takes place at anchorage in a ship-to-ship (STS) transfer, does the lack of the Terminal’s signature give cause to bar that aspect of the claim?
ASBATANKVOY -- WITHHELD FREIGHT -- SECURITY -- CONDITION OF TANKS -- Partial Final Owner Award
On arrival at the third loading port, the inspectors found the Vessel's remaining tanks unsuitable to load, calling the epoxy coating too badly deteriorated. The Vessel sailed to the discharge port without loading the balance cargo. The Charterer withheld freight, citing the Vessel's condition and the cost of acquiring alternate carriage for the unloaded cargo.
SHELLTIME 4 -- TIME CHARTER -- VESSEL NOT DELIVERED BY CANCELLATION DATE -- DELIVERY PORT NOT NAMED -- RIGHT TO CANCEL -- FUTILITY -- Charterer Award
Although the Vessel was due to be delivered to Nigeria to commence a time charterer contract, she was at drydock in Greece and missed the deadline for the delivery date. Charterer cancelled the charter, which Owner refuted, citing additional work which Charterer had ordered on the Vessel's tanks which made the deadline impossible to meet. Owner also argued that Charterer failed in their obligation to nominate a specific delivery port, which would have given Owners 30 days to make delivery.
AMERICANIZED WELSH COAL -- CONTRACT OF AFFREIGHTMENT -- LATE NOMINATION OF LAYDAYS -- REPUDIATORY BREACH -- Owner Award
On the 5th lifting under a contract of affreightment (COA) covering six voyages, the Charterer nominated the layday spread but was subsequently unable to secure a cargo, and asked Owner to move the laydays back two weeks. Due to a rising freight market, Owner was unwilling to do so, but offered to simply cancel voyage #5 and lift the cargo as the last voyage under the fixture. At issue is whether the laydays were irrevocable even though Owner had not yet nominated a Vessel.
GENCON -- VESSEL DAMAGED WHILE BERTHING -- MULTIPLE BERTH CALLS IN PORT -- SAFE BERTH WARRANTY -- Charterer Award
If a specific port is named in a voyage charterparty and there are several possible berths within that port to which a vessel could be directed and there is no express "safety" warranty of either the port or the berth, is the charterparty subject to an implied term that the Charterers must nominate a “safe” berth?
MEANING OF "ACCEPT / EXCEPT" -- TIME-BAR -- CALCULATION ERROR -- UNILATERAL MISTAKE -- Seller Award
If a demurrage claim is paid, and later discovered to have contained an error, is there an obligation to pay the additional amount, even if the time bar has long since passed? When negotiating a contract, what is the meaning of the phrase "accept/except"?
ASBATANKVOY -- DISCHARGING PREWASH SLOPS -- DEMURRAGE -- Partial Owner Award
Although Charterer didn't respond to Owner's initiation of arbitration proceedings, the Panel took matters into their own hands and edited the demurrage claim for time spent discharging slops. This award explains why.
ASBATANKVOY --ONE SAFE BERTH -- ADDITIONAL BERTH COSTS -- DEMURRAGE -- Owner Award
Although the Vessel was fixed basis "one safe berth" for discharging, an agreement was made after the fixture adding a second berth. Owner commenced arbitration to recover the additional costs and demurrage incurred during the voyage.
ASBATANKVOY -- SAFE PORT WARRANTY -- INABILITY TO PROVIDE FULL CARGO DUE TO SILTING -- DEADFREIGHT -- Owner Award
In this dispute, the Panel was called upon to determine the Charterer's liability following their failure to provide the minimum amount of cargo stated in the charter party due to draft restrictions caused by silting. The Panel explains what other options the Charterer could have exercised other than simply loading less cargo to the Vessel.
