Author: Haugen Consulting

Archive / U.S. Maritime Cases

Odfjell Seachem ASA v. Vinmar International, Ltd. (The “Bow Lady”) – SMA No. 3810, 30 Oct 2003

ASBATANKVOY -- CARGO -- LOADPORT -- SHIP-TO-SHIP -- COASTER -- DEMURRAGE -- ARBITRATION -- DOCK -- Owner Award While loading other charterers’ cargo at the loadport, the Vessel tendered NOR for the Charterer’s ship-to-ship transfer. The Charterer’s coaster, however, waited until all other Vessel loading ceased before coming alongside the Vessel, causing an additional day of laytime. But at arbitration, the Charterer argued that the Vessel’s NOR was invalid because He/She claims that STS transfer could not begin while dock loading.
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English Maritime Cases

Portolana Compania Naviera Ltd v Vitol SA (The “Afrapearl”) – Court of Appeal (Ward, Clarke and Laws LJJ) – 9 July 2004

ASBATANKVOY – BREAKDOWN OF MACHINERY – FAULT OF CHARTERER Although the sealine was considered ill-maintained, each individual breakdown must be looked at within the context of the governing charterparty – Breakdown, per Cl. 8 of Asbatankvoy, 1/2 demurrage applies /  Shifting expenses not to count. [dropcap]I[/dropcap]n overturning the High Court, the Court of Appeal (Civil Division) in the case of Portolana Compania Naviera v. Vitol SA – “The Afrapearl” [9 Jul 04] had to consider the difficult question of what constitutes equipment and the circumstances where the Charterers could rely on the half rate provisions of Asbatankvoy, Part II, Clause...

Archive / U.S. Maritime Cases

Bayoil Supply and Trading Ltd. v. Lamar Navigation, Ltd.Sea Giant, SMA No. 3790

SHELLTIME 4 -- TIME CHARTER -- VOYAGE -- ARBITRATION -- DEMURRAGE -- Charterer Award In this time charter voyage, the Charterers had credit owed to them by the Owner. But because a company tied to the Charterer is in debt to the Owner, the Owner refused to pay the Charterer and used the other claim as credit to offset the debt.
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Addison Shipping & Trading SA v. Bayoil Supply and Trading Ltd. (The “Sea World”) – SMA No. 3791, 10 Jun 2003

SHELLTIME -- ARBITRATION -- MARKET RATE -- CHARTER PARTY -- VOYAGE -- CHARTER -- Owner Award Although the Vessel was twenty days late for delivery, the disagreement at arbitration was the correct rate for the Vessel after this delay. The Charterers refused to grant the Owners the new market rate and cite the Charter Party clause which states that the final voyage must be completed "at the same rate and conditions" as in the Charter.
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Anan Shipping Co., Ltd. v. ED & F Man Sugar Ltd. (The “An An”) – SMA No. 3792, 12 Jun 2003

FIOT BULK SUGAR -- PORT -- DISPORT -- CRANE -- BERTH -- DETENTION -- DELAY -- GOOD FAITH -- BERTH -- Owner Award Because the Charterer’s Buyer instructed that Baltimore was the only feasible discharge port, the Charterer ordered the Vessel there despite recent port hazards. Once unloaded at disport, a damaged crane forced the Vessel to wait at berth for forty-six days. The Owners followed through with a detention claim arguing that the Charterers were aware of the anticipated delays and did not make a good faith effort to find another berth.
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Asian Paints Ltd., Adani Exports Ltd., Akin Chemicals Pvt. Ltd., Shanghai Jiu Mao Freign Trade Corp., Sinochem Pudong Trading Co. Ltd. v Carleon Shipping, Inc. M/V Santa Margherita, SMA No. 3796, 23 Jul 2003

ASBATANKVOY -- BILL OF LADING -- ARBITRATION -- CARGO -- CONTAMINATION -- DISCHARGE -- PRIMA FACIE -- SEAWORTHINESS -- TRADE ALLOWANCES -- Receiver Award The seven Bill of Lading holders initiated arbitration for damages from cargo contamination and shortages upon discharge. The Owners claimed that the shortages were due to evaporation and trade allowances, while the Receivers argued that the Vessel unseaworthiness was prima facie.
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Transportes Maritimos Centroamericanos SA and Paper Sea AS (The “Forest Link”) – SMA No. 3800, 17 Sep 2003

NYPE -- ARBITRATION -- TIME CHARTER -- OFF-HIRE -- REPAIRS -- Charterer Award This case is a Charterer re-petition to the panel to terminate the time charter contract with the Owner because of ongoing repairs that render the Vessel off-hire and because of new information indicating Owner financial difficulty.
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Flota Petrolera Ecuatoriana (FLOPEC) v. BP North America (The “Tiber”) – SMA No. 3778, 2 Apr 2003

ASBATANKVOY -- ARBITRATION -- FREIGHT DIFFERENTIAL -- SUB-CHARTER -- Owner Award Owner began arbitration to recover an unpaid freight differential on a back-to-back charter agreement. The Charterer needed an Ecuadorian flag Vessel in order to discharge in the contracted Ecuadorian port and could only get around this by sub-chartering the Vessel to itself through this contract’s Owner. However, Charterer argues that Flopec was under no risk in the transaction and had no right to claim a freight differential.
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Boss, Ltd. v. Trifinery Petroleum Services (The “Genmar Boss”) – SMA No. 3781, 16 Apr 2003

ASBATANKVOY -- ARBITRATION -- DEMURRAGE -- LAYCAN -- VOYAGE -- ETD -- PORT -- ACT OF GOD -- CHARTER PARTY -- Owner Award The focal points of this arbitration are the outstanding demurrage bill and the costs to the Owner to collect demurrage. The Charterers blame the missed laycan on a previous voyage that had a delayed ETD from lack of port space and adverse weather. The Owners, however, argue that the Charterer did not cancel the contract, and therefore, the laycan remains in full effect.
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George E. Warren Corp. v. Bona Shipholding Ltd. (The “Bona Fulmar”) – SMA No. 3787, 15 May 2003

ASBATANKVOY -- COGSA -- VOYAGE -- CARGO -- COLLISION -- GENERAL AVERAGE CONTRIBUTION -- Charterer Award During voyage, the Vessel collided with another tanker, causing cargo loss and damages. The Charterer claimed compensation for said losses while Owner counterclaims for unpaid general average contributions under COGSA.
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