Category: English Maritime Cases
NYPE – TIME CHARTER – IFO HS RE-DELIVERY VALUE This arbitration award dealt with six issues yet only one is pertinent to TANKVOYager. Specifically, after the completion of the voyage, the Vessel was redelivered to the Owner with 272 MT IFO HS that the Charterer had purchased. The Charterer argued that they should be reimbursed for the bunkers at the charter party rate whereas the Owner claimed the bunkers should be priced at the market rate at the redelivery location. [dropcap]P[/dropcap]rior to redelivery the master had requested 450 MT of IFO HS, and although questioning whether this was too much, Charterer...
GENCON 1976 - REDUCED DISCHARGE RATE - FORCE MAJEURE - DEMURRAGE - Owner Award
During unloading, the Vessel was directed to vacate the dock and wait until the berth once again became available. After a month of waiting, she was called back in and completed her discharge. Charterer rejected the resultant demurrage claim under the auspices that the unloading rate was reduced due to the ingress of water, the berth’s inefficiency in unloading was a force majeure event, and the removal of the Vessel from the berth by the port authority was a force majeure event.
NYPE TIME CHARTER – SPEED AND CONSUMPTION WARRANTY – HOW LONG MUST A PERIOD OF GOOD WEATHER BE – ERROR OF LAW – Charterer Award
Under a time charter, an arbitration panel defined a “good weather day” as being 24 consecutive hours from noon to noon. As there were no noon to noon periods of good weather, the panel dismissed charterer’s claim for poor performance. The charterer appealed basis the panel having made errors of law.
TIME CHARTER - CHARTER PROVIDING FOR LAYCAN TO BE BACK-TO-BACK WITH SHIPBUILDING CONTRACT - WHETHER CHARTERER FULFILLED OBLIGATIONS TO OWNER WHEN CANCELLING CHARTER - Charterer Award
Charterer cancelled the time charter under the interpretation that its right to cancel was “back-to-back” with owner’s shipbuilding contract. Owner disagreed that “back-to back” referred to its right to cancel in the shipbuilding contract leaving owner to claim a repudiatory breach of contract. Charterer in turn sought a declaration that it was entitled to cancel while owner counterclaimed for damages.
GENCON 94 – CHARTERER PAYS BUNKERS AND DISCHARGE PORT DISBURSEMENTS TO COMMENCE VOYAGE AFTER DISPONENT OWNER REFUSES TO PAY HEAD OWNER – CHARTERER CLAIMED DAMAGES FROM DISPONENT OWNER – Charterer Award
The head owner of the vessel asked the disponent owner to render payment for bunkers and discharge port disbursements before the commencement of the voyage. After the disponent owner did not comply, the charterer made payment in order to avoid further delay. The charterer then claimed damages against the disponent owner after the completion of the voyage.
GENCON - BERTH OR PORT CHARTER PARTY- VALIDITY OF NOTICE OF READINESS- DETENTION- INDEMNITY
When owner’s vessel was due to be late, a replacement vessel was provided by owner and agreed to by charterer. The panel was tasked with determining whether the replacement vessel was just that or whether a new fixture had been agreed to, whether this new fixture was a port charter or a berth charter, and when the vessel was considered to be an arrived ship. Additionally, claims for detention and indemnity were addressed.
CHARTER PARTY – BPVOY3 – LOAD PORT CHANGED EN-ROUTE – VESSEL TO ARRIVE ONE DAY AFTER LAYCAN – CHARTERER CANCELS CHARTER PARTY – VALIDITY OF CANCELLATION – Owner award
This is charterer’s appeal of an arbitration. The vessel was en-route to the nominated load port when the charterer nominated a different port for loading. Owner then advised the charterer that the vessel would arrive one day after the laycan and the charterer subsequently cancelled the charter party.
SHELLVOY 5 – PUMP WARRANTY – PERFORMANCE OR CAPABILITY – PUNITIVE - DEMURRAGE – Owner award
This dispute revolved around whether the pump warranty was breached during the discharge of crude oil. The owner submitted its demurrage claim with the belief that the pump warranty had been met. Charterer however contended that the vessel had not met its requirements and thus excess pump time should be deducted from time counting.
ELECTRONIC RELEASE SYSTEM (ERS) - CARRIAGE OF GOODS BY SEA (COGSA) - CONTAINERIZED GOODS - BILLS OF LADING - LOCAL AGENTS - Shipper Award
An electronic release system was implemented at the MSC terminal in Antwerp, Belgium with intention to streamline processes and remove paper release notes. An electronic PIN would be provided for each container once a bill of lading was presented in order to take delivery of cargo at the terminal. However when two of the shipper’s containers were misappropriated, the parties disputed whether the carrier had met their requirement of submitting a valid “delivery order” upon receipt of the bill of lading.
GENCON 76 - DUNNAGE: OWNER’S OR CHARTERER’S RESPONSIBILITY - NOTICE OF READINESS - COMMENCEMENT OF LAYTIME - DEMURRAGE - DETENTION - Charterer award
A cargo of steel H-beams were to be loaded on top of a previously loaded part cargo of rebar. Charterer and Owner could not agree as to which party should be responsible for costs and time associated with building a false deck, whether the vessel’s NOR was valid, and thus when laytime commenced counting.
