Author: Haugen Consulting

Dorval Tankships Pty. v. Hurrport, Inc. (The “Uznadze”) – SMA No. 3237, 5 Jan 1996

VEGOILVOY -- ARBITRATION -- DEMURRAGE -- ARBITRATOR -- Owner Award This shortened arbitration dispute arose from the Charterers neglecting to respond to any of the Owners’ requests for demurrage payment. The Charterers did not respond to arbitration proceeding nor nominate an arbitrator.
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Seapanther Navigation Co. Ltd. v. Clark Oil Trading Company (The “Mare De Kara”), SMA No. 3238, 17 Jan 1996

ASBATANKVOY -- ARBITRATION -- BERTH -- TERMINAL -- PIPELINE -- MANIFOLD -- Charterer Award This arbitration centered upon the slow load rate at the Vessel’s second berth. The Charterers claim that this rate was faulted by shipside flow restrictions basis the high pressures in the terminal pipeline. The Owners, however, argue that the flow restriction could have been avoided if, instead of using only one hose, the terminal utilized the Vessel’s full range of manifold connections.
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Odfjell Tankers v. Bear Stearns NY, Inc. (The “Bow Petros”) – SMA No. 3245, 26 Jan 1996

ASBATANKVOY -- DEMURRAGE -- LOADPORT -- STRIKE -- SLOWDOWN -- Owner Award The Owners filed a demurrage claim for the extensive delays at loadport. The Charterers argued that a recent workers strike out of their control caused the loading slowdown, and therefore, all demurrage should either be rescinded or reduced to 50% demurrage.
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Inter-Mexico Brokers, Inc. & Elite, Inc. Monrovia v. Ladue Tanker Company & Clark Oil Trading Company (The “Finesse L.” and “Fantasy L.”) – SMA No. 3213, 6 Oct 1995

ASBATANKVOY -- ARBITRATION -- CHARTER PARTIES -- WEATHER -- STORM -- BERTH -- PUMP WARRANTY -- WHARFAGE -- Partial Charterer Award This arbitration encompasses several different disputes which arise from multiple charter parties. The points of contention include the application of the 50% weather delay exception at berth, the Owner’s failure to meet the pump warranty, an occupied berth upon arrival, and the responsibility of wharfage fees during discharge.
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Oiltank Sweden v. Trifinery, Inc. (The “United Triton”) – SMA No. 3218, 27 Oct 1995

ASBATANKVOY -- ARBITRATION -- VOYAGE -- DEMURRAGE -- PUMP -- DISPORT -- LAYTIME -- NOR -- LOADBERTH -- Partial Owner Award The Owners were forced to start arbitration against the Charterers after they refused to pay the voyage’s demurrage claim. The Charterers denied liability basis the Trinidad Daylight Docking Rules, excess pumping time at disport because of Vessel’s low pressure, the 6H laytime credit after NOR tender, and laytime credit at loadberth for USCG inspection.
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Elfellowship, Inc. v. Petrolea Oil Corp. (The “Filikon L.”) – SMA No. 3220, 8 Nov 1995

ASBATANKVOY -- DEMURRAGE -- ARBITRATION -- INTEREST -- Owner Award Once a demurrage sum was agreed upon, the Charterers confirmed that payment would follow. However, after nine months of no response to their invoices, the Owners began arbitration to recover the demurrage amount plus interest and legal fees.
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Bibby Tansport, Ltd. v. Chemical Trading, Inc. (The “Cheshire”) – SMA No. 3146, 10 Feb 1995

ASBATANKVOY -- LOAD OPERATIONS -- DEMURRAGE -- CHARTER PARTY -- BERTH -- SHIFTING TIME -- TANK PURGING -- CARGO -- Charterer Award Over the course of load operations, the Vessel allegedly accrued demurrage basis certain charter party clauses, including berth call shifting time, tank purging, and cargo cooling.
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Dalgan Trade, Ltd. v. Sun International, Ltd. (The “Warda”) – SMA No. 3162, 10 Apr 1995

ASBATANKVOY -- ARBITRATION -- BERTH -- DISPORT -- DRAFT -- CHANNEL -- Charterer Award The Owners began arbitration to recover compensation for delays arising from the Vessel’s inability to safely berth at disport. They argue that the Charterers knowingly loaded the Vessel beyond the channel’s draft restrictions and are therefore responsible. Conversely, the Charterers claim that the root cause of delay was the Vessel’s failure to obtain the necessary TVE from the Coast Guard.
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Gaz Horizon, SMA No. 3165

ASBATANKVOY -- ARBITRATION -- ACT OF GOD -- LOADPORT -- STORM -- DEMURRAGE -- CARGO -- SHORTLOADING -- Charterer Award The Charterers began arbitration to recover losses stemming from two separate issues of alleged Owner error. Basis storm delays at loadport, the Charterers claimed that they should count at 50% the demurrage rate regardless of the Vessel already being on demurrage. The other issue centered upon the interpretation of "about" in the cargo stipulations and the subsequent Vessel shortloading which the Owners attribute to crew error.
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Gantrade Corp. v. Pakistan Synthetics, Ltd. (The “Stolt Advance”) – SMA No. 3170, 1 May 1995

ASBATANKVOY -- DEMURRAGE -- DISPORT -- VOYAGE -- LAYTIME -- ARBITRATION -- Seller Award Although the Buyers understand their contractual obligation to pay demurrage for delays at disport, they claim that this voyage’s delays were caused by government action and likewise a laytime exception. Additionally, the Buyers argue that they are not bound by the Panel’s decision because they never agreed to arbitration.
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