Category: English Maritime Cases
GENCON -- LOADPORT -- BERTH -- SHIFTING -- DETENTION -- DEMURRAGE -- WHETHER CHARTERER LIABLE FOR DETENTION OR BREACH OF CHARTER FOR FAILURE TO BERTH VESSEL – WHETHER CHARTERER AT FAULT FOR BERTHING VESSEL OUT OF TURN – VALIDITY OF NOR -- Owner Award
Although the Vessel had arrived and tendered NOR at loadport, another vessel was berthed out of turn. Subsequently, the Owner claimed detention at the demurrage rate for the four days of delay that the Charterer incurred by berthing the second vessel out of turn.
NYPE -- ARBITRATION -- VOYAGE -- DRAFT -- TANKER -- DISPORT -- TIME CHARTER – CHARTERER ORDERING VESSEL TO LOAD TO ARRIVAL DRAFT OF 11 METRES – OWNER REFUSING BASIS OFFICIAL DRAFT RESTRICTION AT DISPORT OF 10.5 METRES -- Owner Award
This arbitration centers on the Owner’s refusal to load His/Her vessels on four voyages during March/May to a full arrival draft of eleven meters. Instead, He/She used a safer draft of 10.5 meters in accordance with Navtex costal warnings during these months. The Charterers, however, brought arbitration against the Owner with evidence that the discharge port authority was berthing vessels up to the desired eleven meters draft.
ASBATANKVOY -- ARBITRATION -- CARGO -- BURDEN OF PROOF -- PREMATURE NOR -- DESPATCH -- CARGO LOSS -- SIMULTANEOUS CARGO HANDLING -- Owner Award
This arbitration dispute centers around the finer responsibilities of the Owner to load with "utmost dispatch" and to load concurrently in cases of more than one cargo. However, if the Charterer sustains a loss from delayed loading, the burden to prove any such loss lies on the Charterers.
ASBATANKVOY -- CHARTER PARTY -- LOADPORT -- TWO PORT LOAD -- ALL TANKS NOT READY AT FIRST PORT -- VALIDITY OF NOR -- Owner Award
Fulfilling an option granted by the Charter Party, the Charterer added a second loadport to the voyage. But when the Vessel tendered NOR at the first loadport, the NOR was rejected because the Vessel’s tanks to be loaded at the second loadport were unclean. The Charterers argued that the NOR cannot be valid if the Vessel is not ready to load cargo in all respects (including subsequent port loading).
LAYCAN -- ACT OF GOD -- CONTRACT -- CARGO -- SHIPPING -- CIF PURCHASE CANCELLED DUE LATE LOAD -- VALIDITY OF ETA -- Buyer Award
Although arriving promptly on the first day of laycan, bad weather kept the vessel from berthing for two weeks. Subsequently, the Buyer cancelled the contract arguing: that the Seller failed to ship the cargo within the shipping period, that the seller failed in His/Her obligation to ship the cargo expediently, and that the disport ETA’s were unrealistic in the context of Winter weather.
ASBATANKVOY -- LAYCAN -- LAYTIME -- NOR -- APPEAL -- LOADING PRIOR TO LAYCAN -- Charterer Award
Upon acknowledging that the Vessel would arrive before laycan, the Charterer sent several messages to the Vessel requesting that she tender NOR upon arrival with the intent of commencing loading prior to laycan; which she did. The Owner argued that this signified the commencement of laytime due to Charterer-given consent; however, the Charterer contends that they merely requested an early NOR.
GENCON 76 -- BERTH -- CANAL -- WEATHER -- ACT OF GOD -- LOADPORT -- DEMURRAGE -- DETENTION -- Owner Award
After loading was completed, a latent document delivery to the Vessel detained it at berth for an extra 14.5H. The Charterer did not contest His/Her fault in the delay, however, He/She argues that the canal was concurrently closed due to adverse weather for several days and the time spent at berth during this closure should be deducted from the claim.
GENCON -- BERTH -- DEMURRAGE -- LAYTIME -- ARBITRATION -- VESSEL DEFICIENCIES – VALIDITY OF NOR -- Owner Award
When the Charterer’s pilot boarded the Vessel to begin berthing six days after NOR declaration, the pilot noted operational deficiencies and refused to berth the Vessel until repaired. The Owner subsequently filed for demurrage beginning at NOR tender while the Charterer argued that NOR cannot be considered a valid beginning of laytime because of Vessel unreadiness at berthing.
ASBATANKVOY -- SHIP-TO-SHIP -- DEMURRAGE -- ARBITRATION -- LOADPORT -- STS TRANSFER – WHETHER NOR WAS TENDERED -- VALIDITY OF NOR -- Charterer Award
This case began with Charterer allegations that the Vessel did not tender NOR for this STS transfer—or if it did, it was invalid and premature. The Owner, however, counterclaimed that when the Charterer remitted partial payment of the demurrage claim, they thereby admitted validity to the Vessel’s NOR and sacrificed their right to challenge it.
ANCHORAGE -- CHARTER -- ARBITRATION -- BERTH -- LOAD OPERATIONS -- VESSEL ARREST -- VALIDITY OF NOR – HOLIDAY -- Owner Award
After arriving at anchorage, the Vessel was arrested for reasons concerning previous charters. Once the Vessel had passed inspection by authorities but not before being released, it tendered NOR. At arbitration, the Charterers refute the tender saying that the Vessel could not shift to berth while arrested; yet, the Owners stipulate that, in fact, the court order specifically allowed berthing and the commencement of load operations.
