SUEZ CANAL . . . The new Suez Canal which is due to open on 6 August 2015 will increase the capacity of the existing canal allowing ships to pass north and south concurrently. The long term goal is to increase the daily average of transiting vessels from 49 ships presently to 97 ships by the year 2023, and increase the permissible draft to 66 feet. The waiting time is expected to be shortened to three hours (as opposed to the current 8-11 hours) and transit time will be cut to 11 hours (instead of 18-22 hours). www.suezcanal.gov.eg/nc.aspx PANAMA CANAL...
COLLISION -- TWO-YEAR LIMITATION TO COMMENCE PROCEEDINGS -- EXTENSION REQUESTED -- Defendant award
A dispute arose after two vessels collided. In the course of negotiations, the Claimant issued an application for an extension to commence proceedings, but only after the expiration of a two-year limitation for claims filing passed. At issue was whether the Claimant’s extension request was reasonable.
TRIP CHARTER – BERTHING DELAY – VESSEL GROUNDING – SAFE BERTH -- BUNKER CONSUMPTION – CHARTERER’S RIGHT TO ACCESS SHIP’S GENERATORS -- Partial Owner Award
In this dispute, Owner claimed damages for survey costs and delay in discharge due to an insufficient draft at the berth causing the vessel to touch bottom. Charterers counterclaimed for overpaid bunkers and wanted compensation for denied access to the vessel’s generators to power shore grabs.
DEMURRAGE -- MISSING DOCUMENTS – OWNER’S CLAIM NOT PROVIDED – TIME BAR -- Buyer Award
This dispute centers on determining the documents considered necessary to file a valid claim in order to avoid a time bar. In this case the seller was requesting demurrage payment while the buyer refused believing the claim had received a time bar.
NYPE -- TIME CHARTER -- VESSEL COLLISION WITH BERTH – DELAYED BERTHING AT NEXT PORT – WHEN IS VESSEL CONSIDERED OFF-HIRE – WHETHER COLLISION PREVENTED CHARTERERS FROM BRINGING CLAIMS AGAINST SUB-CHARTERERS -- Owner Award
In this dispute the vessel had a collision with the berth at the first load port sustaining damage to one of its holds. At the following load port the points of contention were over the time period the vessel was considered off-hire, and what damages the charterers were owed due to the inability to bring claims against their sub-charterers.
CHARTER PARTY – CANCELED – MAJOR ISSUES DURING LOADING – VESSEL BANNED FROM TERMINAL – VESSEL UNABLE TO FULLY LOAD CARGO – Charterer Award
Because of multiple terminal compliance issues the vessel was banned from berthing to load its cargo at the terminal. The charterers then canceled the charter party. Owners contended that the cancellation was invalid.
These charts represent freight rate trends (USD/M.T.) over a three-year period for 1,000 M.T. lots of easy liquid chemicals between Houston, Rotterdam, Mediterranean, Brazil, Latin America, Asia Pacific and Kandla. Data provided by New England Tanker Chartering, Inc. (NETCO).
BPVOY4 -- DEMURRAGE -- TIME BAR -- FREE PRATIQUE -- WHETHER ALL SUPPORTING DOCUMENTATION PRESENTED WITH CLAIM -- Charterer Award
This dispute concerns demurrage incurred due to delays at both ports of loading and discharge. Certain documents required by the charterparty, based on the BPVOY4 form, had not been submitted within the 90-day limit and Charterers were attempting a time bar defense.
FORCE MAJEURE -- LOADING OF BAUXITE CAUSING UNAVOIDABLE DUST -- SUSPENSION OF LOADING ORDERED BY PORT AUTHORITY -- WHETHER CHARTERERS LIABLE FOR DELAY -- Owner Award
This dispute arose under a contract of carriage of a sepiolite cargo from “1-2 load berth chop always afloat Santander” to a UK port. Charterer asserted that the force majeure clause in the governing contract denied any Owner’s claim in the form of demurrage, or alternatively, damages, as a result of delays caused by the port authority’s suspension of loading operations.
EMISSIONS REGULATIONS . . . Hong Kong has announced that its emissions regulations for ocean going vessels will be ready to take effect from July 1, 2015. The regulation requires fuel sulfur content not to exceed 0.5 percent while at berth in Hong Kong (except during the first hour after arrival and the last hour before departure). Breach of this regulation will result in a $25,000 fine and six month jail term for owners and masters. Records of fuel switching must be maintained for three years. On 1 January 2015, MARPOL Annex VI, Regulation 14.3.4 came into effect, lowering fuel...