Category: Archive

Archive / U.S. Maritime Cases

Petroleo Brasileiro, SA v. Citgo Petroleum Corp. (The “Kriti Art”) – SMA No. 3838, 23 Apr 2004

ASBATANKVOY -- DISCHARGE -- PORT -- DRAFT -- DEMURRAGE -- ARBITRATION -- Charterer Award The Vessel was required to discharge at two separate ports, however, the draft was erroneously calculated to only accommodate the deeper port. And upon arrival at the deeper port, the berth was occupied by another vessel thereby detaining the Owner’s Vessel. So in response to Owner’s subsequent demurrage, the Charterers blame the erroneous draft level for the delay because otherwise the Vessel could discharge at the shallower (but unoccupied) port first.
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Lakeview Maritime Ltd. v. Citgo Petroleum Corp. (The “Astro Altair”) – SMA No. 3841, 29 Apr 2004

ASBATANKVOY -- ARRIVAL DRAFT -- DISPORT -- DEMURRAGE -- DRAFT -- CHARTER PARTY -- LAYTIME -- ARBITRATION -- Charterer Award Although the Charterers assured that an arrival draft of forty feet was acceptable, tidal changes delayed the Vessel’s arrival to disport. The Owners submitted a claim for demurrage arguing that the Charterers draft levels kept the Vessel from reaching disport. But the Charterers reference a clause in the Charter Party which states that tidal delays cannot count as laytime in arbitration.
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Petroleo Brasileiro v. Citgo Petroleum Corp. (The “Kriti Akti”) – SMA No. 3845, 25 May 2004

ASBATANKVOY -- CARGO -- BARGE -- BERTH -- PORT -- DEMURRAGE -- ACT OF GOD -- Owner Award After part cargo discharge to barge, bad weather delayed the Vessel’s berth at port thereby incurring an Owner demurrage claim. The Charterer agreed to the fine, however, requested that this claim be offset by consolidating it with other outstanding claims that the Owner owes to the Charterer (making net demurrage due Charterer).
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Archive / English Maritime Cases

London Arbitration 34/04

SHELLTIME 4 -- CARGO -- CONTAMINATION -- DEADFREIGHT -- POSSESSORY LIEN -- DISPORT -- TIME-CHARTER -- OFF-HIRE -- Owner Award In response to a Charterer agreement to use the unclean Vessel for transporting sub-Charterer's naphtha cargo, the sub-Charterer refused to load the Vessel to full capacity in fear of cargo contamination. The Charterer subsequently claimed deadfreight and incurred a possessory lien for over a month at disport. Under the time-charter contract, the Owner seeks hire payment for the month-long arrest which the Charterer deducted as off-hire.
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Archive / English Maritime Cases

Odfjell Seachem A/S v. Continentale Des Petroles et D’Investissesments and Anr (The “Bow Cedar”) – QBD (Comm. Ct.), 15 Dec 2004

BPVOY 4 -- CHARTER PARTY -- CARGO -- LAYTIME -- TIME-BAR -- Owner Award After the Vessel had arrived, tendered NOR, and waited for berthing instructions until after the 84H laytime allowance expired, the Charterer cancelled the Charter Party due to being unable to supply cargo. The Owner responded with a damages claim eleven months later; however, there is a stipulation in the charter that states that any claim after 180 days is time-barred.
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Byzantine Maritime Corp. v. Adam Maritime Inc. (The “Mountain Lady”) – SMA No. 3821, 6 Jan 2004

ASBATANKVOY -- LOADPORT -- NAPHTHA -- CARGO -- BERTH -- DEMURRAGE -- INDUSTRY -- Charterer Award The Charterer ordered the Vessel to arrive at loadport ready in all respects and duly cleaned to load a cargo of naphtha. Upon berthing, the inspector rejected the Vessel’s tanks and ordered them to be fresh water rinsed. Afterwards, the Owner filed for demurrage claiming that fresh water rinsing was neither required nor industry standard.
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Odfjell Americas AS v. El Bravo Investment Group (The “Bow Antisana”) – SMA No. 3824, 20 Jan 2004

ASBATANKVOY -- CARGO -- DEADFREIGHT -- VOYAGE -- ARBITRATION -- INVOICE -- Partial Owner Award After the Vessel tendered NOR at loadport, the Charterer responded that the cargo was unavailable and agreed to pay the contracted deadfreight. The Charterer tried to make allowances for the deadfreight by negotiating another voyage, however, the new voyage was never carried out and the Owner subsequently began arbitration to recover the outstanding invoice.
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A/S Dampskipsselskabet Torm v Citgo Petroleum Corp. (The “Sitamarie”) – SMA No. 3828, 6 Feb 2004

ASBATANKVOY -- COASTGUARD -- BERTH -- LOADPORT -- CHARTER PARTY -- LAYTIME -- DEMURRAGE -- Charterer Award Once inspected by the coastguard, the Vessel was required to undergo minor repairs in order to comply with berthing standards at loadport. The Charter Party stipulates that any time loss resulting from non-compliance to safety regulations shall not count as laytime; however, the Owner filed for demurrage claiming that the infractions were minor and did not hinder the loading process.
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Archive / English Maritime Cases

London Arbitration 26/04

NYPE -- CHARTER -- VOYAGE -- ARBITRATION -- CONTRACT -- RE-DELIVERED VESSEL BUNKER COSTS -- Owner Award The governing period charter rate, in this case, is defined by "per Platts Oilgram average on delivery." However, the delivery day price was not available until after voyage, so the prior day’s rate was used and then updated when the delivery day price was published. The Charterer refuted this change arguing that the updated average became available only after delivery and was in breach of the contract.
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London Arbitration 24/04

ARBITRATION -- CARGO -- CONTAMINATION -- BURDEN OF PROOF -- CONTAMINANTS -- BERTH -- DEMURRAGE -- DELAY -- Owner Award This arbitration dispute centers around the fault of cargo contamination and the proper evidence to support the blame. After contaminants were found in the tank samples, the Vessel was forced off berth and the Owner filed demurrage for the cleaning time. The Charterer counterclaimed that the contamination came from the Vessel’s tank, so therefore, any delays came from Owner unreadiness.
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