Category: Archive

SHELLTIME 3 -- TIME CHARTER -- SPEED WARRANTY -- CONSUMPTION WARRANTY -- PERFORMANCE -- TIME-BAR -- Partial Charterer Award This arbitration award resolves three separate disputes which center upon the speed and consumption warranties provided within the time-charter contract. Without receiving substantiating performance reviews, the Charterer withheld varying freight amounts from voyages basis estimated values. The Owner, however, argued that they should be reimbursed for disputed claims raised by them before time-bar, for voyage over-performance, and because of unrepresentative assessment of vessel performance during short voyages.

WHETHER REPAIR WORK CARRIED OUT AT ANCHORAGE CONSTITUTES OFF HIRE -- LIGHTERAGE COSTS INCURRED WHEN MASTER FAILED TO COMPLY WITH LOAD DRAFT INSTRUCTIONS -- DELAY INCURRED BY FAILURE TO PAY DISBURSEMENT ACCOUNT -- Owner Award The Charterer began arbitration proceedings to recover losses from four issues that arose under a time charter contract; three are recapped. At arbitration, the Charterer argues that the repair work undertaken at anchorage constitutes an off-hire, that the lighterage charges resulting from an incorrect sailing draft should be due Owner, and that the detention time at disport was avoidable and faulted by the Owner.

GENCON -- CARGO -- CONTAMINATION -- BILL OF LADING -- LOADPORT -- STATEMENT OF FACTS -- LETTER OF INDEMNITY -- Owner Award After loading a clearly contaminated cargo, the Charterer and Owner disputed over whether the contamination should be mentioned in the Bill of Lading, which resulted in vessel delays at loadport. The Charterer believed that the contamination could be logged in the statement of facts and withheld the Letter of Indemnity until a clean B/L was issued. The Owner therefore blamed the delay on the Charterer.

ASBATANKVOY -- SHORTLOADED -- DRAFT -- BAD WEATHER -- SILTING -- DEADFREIGHT -- SAFE PORT WARRANTY -- Partial Owner Award At loadport, the Vessel could only safely load to a less-than-contracted draft level due to bad weather conditions and excess silting. The Owner demanded that the Charterer pay deadfreight for the voyage due to negligence in declaring a safe vessel berth. The Charterer, however, believed that it was the Owner’s responsibility to validate the port’s safety and that the contractual term "safe port" was not a warranty but a mutual agreement that the port was safe.