Category: Archive

Archive / English Maritime Cases

Metall market OOO v. Vitorio Shipping Co. Limited (The “Lehmann Timber”) – English Court of Appeal, 7 Jun 2013

CARGO LIEN -- RIGHT TO RECOVER STORAGE COSTS -- GENERAL AVERAGE -- CONGEN BILLS OF LADING -- Owner Award Owner exercised his right of lien on the cargo while awaiting the Charterer’s General Average payment due to the Vessel’s main engine breakdown en route to the discharge port. At issue is whether the lien was waived when an average guarantee (rather than an average bond) was given by the consignee; and, whether the Owner could claim the expense of storage costs when exercising the lien.
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Archive / English Maritime Cases

Great Elephant Corp. v. Trafigura Beheer BV (The “Crudesky”) – English Court of Appeal, 25 Jul 2013

BPVOY 3 -- VESSEL DETAINED -- RESTRAINT OF PRINCES -- DEMURRAGE LIABILITY -- FORCE MAJEURE -- FOB Buyer Award In overturning the lower Court ruling, the Court of Appeal held that parties may not be able to rely on Force Majeure clauses where the event is within their reasonable control or that of the parties whom they had delegated their responsibilities.
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Archive / English Maritime Cases

Minerva Navigation Inc. v. Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities S.A. (The “Athena”)

NYPE 1946 -- TIME CHARTER -- OFF-HIRE CLAUSE MEANING OF “LOSS OF TIME” -- Owner Award Charterer was liable to pay for the off-hire period while drifting off the discharge port as there was no net loss of time as the discharge berth was unavailable.
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Archive / U.S. Maritime Cases

Clipper Holding (The Netherlands) BV v. Agritrade, LP (The “Sea Melodyr”) – SMA No. 4204, 29 Mar 2013

BALTIMORE FORM C -- MOORING PERSONNEL STRIKE -- PILOT DELAY -- WIBON CLAUSE -- NOTICE OF READINESS VALIDITY -- SUBSTANTIAL READINESS -- Charterer Award The Vessel experienced serious delays en route to the upriver loadberth due to a strike of mooring personnel. Charterer rejected the subsequent demurrage claim, and at arbitration, they argued that (1) Shortened Proceedings should govern, (2) the loadport Notice of Readiness (NOR) was invalid because the Owner had not met all NOR requirements, and (3) the delay due to a workmen strike (mooring personnel) is exempted by a special exceptions clause.
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Archive / U.S. Maritime Cases

Invista SARL v. Stolt Tankers BV (The “Stolt Perseverance”) – SMA No. 4205, 8 Apr 2013

ASBATANKVOY -- COA -- ARBITRAL VENUE -- Charterer’s Motion Denied Charterer requested arbitration hearings to be conducted in Houston, Texas, despite the Contract of Affreightment (COA) stipulating that arbitration is to take place in New York.

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Archive / U.S. Maritime Cases

Sangamon Transportation Group v. OSL Steamship Corp. (The “Genco Carrier”) – SMA No. 4206, 12 Apr 2013

NYPE -- LOSS MITIGATION -- UNSAFE BERTH -- VESSEL DAMAGE -- CHARTER HIRE RATE -- PROTRACTED VOYAGE -- WITHOUT GUARANTEE PROVISION -- Partial Owner Award The Disponent Owner’s claim was a summation of five different issues recapped below as (1) Vessel damage while alongside the discharge berth; (2) disputed daily hire rate for transit time to Santos to conduct repairs; (3) unsafe berth; (4) time charter trip exceeding the estimated voyage days fixed; and (5) indemnity for a third-party claim for underperformance attributable to bottom-fouling (due to prolonged waiting time at Charterer’s disport).
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Archive / U.S. Maritime Cases

Kelso Enterprises Ltd. v. LauritzenCool AB (The “St. Lucia”) – SMA No. 4208, 1 May 2013

COA -- SEAWORTHINESS -- CARGO DAMAGES -- INDEMNITY -- Owner Award Charterer seeks market damages due to a one week delay in cargo delivery because of Vessel repairs. Owner rejects the Charterer’s damages claim on the basis that the Charterer sold the cargo under a CIF contract (title and risk of loss to the cargo is transferred when the cargo passes the ship’s rail at the loadport) and is therefore not the injured party.
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Archive / U.S. Maritime Cases

Frescati Shipping Co., Ltd. v. Citgo Asphalt Refining Co. (The “Athos I”) – US Court of Appeal (Third Circuit), 16 May 2013

ASBATANKVOY -- SAFE PORT WARRANTY -- "APPROACH" DEFINED -- Owner Award Owner appealed the U.S. District Court ruling for exoneration from or limitation of liability resulting from the Vessel striking a partially submerged anchor in its approach to the Charterer’s discharge terminal. Per Owner, Charterer breached the safe berth warranty. Per Charterer, the incident occurred outside its area of control and the Owner is responsible for port draft restrictions by virtue of the port being named in the charter party.
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Archive / English Maritime Cases

Westwood Shipping Lines Inc. and Another v. Universal Schiffahrtsgesellschaft mbH – QBD (Comm. Ct.), 25 May 2012

UNLAWFUL MEANS CONSPIRACY -- CONFIDENTIALITY WAIVED -- DISCLOSURE FOR JUSTICE -- Claimant Award Bdocuments that had been presented in a London arbitration were needed by the Claimant to pursue court proceedings against others for alleged unlawful means conspiracy.
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Archive / English Maritime Cases

BP Oil International Ltd. v. Target Shipping Ltd. (The “Target”) – English Court of Appeal, 14 Mar 2013

BPVOY 4 -- “REASONABLE” OVERAGE FREIGHT -- INCORRECT FREIGHT CALCULATION -- RECOVERY OF OVERPAYMENT -- Owner Award Owner and Charterer appealed a judgment that found Charterer was liable for a "reasonable" amount (subject to further inquiry) of freight that was overpaid on the Owner’s purportedly miscalculated invoice. At issue is whether freight overage applies for cargo carried in excess of the minimum volume stipulated when the additional port/region was not named in the Overage Section of the contract.
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