Category: Archive

OFF-HIRE – RIGHT TO EQUITABLE SET-OFF – WHETHER DEDUCTION WAS MADE FOR OFF-HIRE OR HIRE WAS SUSPENDED Owner made several claims against Charterer for deductions made to balance of hire. Charterer issued counterclaims and sought to use right to equitable set-off. Further, Charterer asserted that hire was suspended rather than deducted as off-hire.  Upon completion of a time charter voyage on an amended NYPE form Owner claimed for a balance of $237,719.07, and initiated arbitration proceedings. Following this claim Owner made two applications for arbitration.  The first was for the immediate award of $80,925.74 amounting from a hire statement drawn...

DEMURRAGE – DESPATCH – WHETHER NOTICE OF READINESS TRIGGERED WHEN SIGNED BY OWNER’S AGENT – LAYTIME – LOADPORT ANALYSIS REPORTS – SALES CONTRACT Following a delay in discharging cargo, the Seller claimed demurrage from the Buyer. The Buyer contended that laytime commenced at a later date, since the Seller had failed to provide loadport analysis reports as provided in the sales contract and a requirement to the tender of notice of readiness. Further, the notice of readiness provided by the Seller was sent to X, the notify party, who the Seller believed was an agent of the Buyer.  The Buyer...

DEMURRAGE – LAYTIME – NOTICE OF READINESS – WHETHER NOR WAS VALID – WEATHER WORKING DAYS – BAD WEATHER – FORCE MAJEURE  Charterer excepted laytime from counting for several issues arising at the loading and discharge ports. The issues being whether the first notice of readiness was valid, whether a storm warning constituted bad weather, whether the force majeure provision was applicable, and whether bad weather prevented discharge.  This arbitration followed the determination from London Arbitration 11/19, which found that the Charterer would not be allowed to serve counterclaims and defense submissions against Owner. Owner claimed demurrage amounting to $174,025.77...

DEMURRAGE – REPUDIATORY BREACH – ARRIVED AND ALL RESPECTS READY TO LOAD – WHETHER NOR WAS VALID – NOTICE OF READINESS – FORCE MAJEURE – LIABILITY FOR FAILED HOLD INSPECTION Upon vessel’s arrival at the Southwest Pass of the Mississippi River the Master tendered NOR to a port upriver.  Charterer’s independent surveyor then found that the holds were not clean whereas after a second, this time successful, inspection loading was further delayed due to an oncoming hurricane which grounded the vessel. Owner claimed demurrage, damages for loss of profit, and compensation for lost bunkers. Charterer asserted that the NOR was...