Category: English Maritime Cases

NYPE 1946 FORM – EXCESS BUNKERS ON REDELIVERY – CLAIM MASTER OVERESTIMATED BUNKER QUANTITIES – BREACH OF CHARTERPARTY – DAMAGES – PRICE FOR CALCULATING EXCESS BUNKERS – BUNKER SAFETY MARGIN
A vessel was chartered to travel from Thailand to the Nacala-Cape Town range using the NYPE 1946 form. A disagreement arose between Charterers and Owners regarding the final hire statement. Charterers claimed that the master had overestimated the bunker requirements, while Owners contended that the Charterers’ breach had caused the excess bunkers on redelivery and counterclaimed for damages.

DEMURRAGE – GROUNDING – SAFE PORT – SEAWORTHY – NEGLIGENCE – NYPE 1981
The subject vessel was chartered for a one-time charter trip with one leg via Indonesia to China. The vessel grounded while under pilotage in the port of Chaozhou. She suffered damage to her port side hull structure. The owner claimed that the port was unsafe and in breach of the charterparty. The charterer claimed the damage was due to negligence in navigation and unseaworthiness.

AMENDED NYPE – TIME CHARTER – DEDUCTIONS FROM HIRE- SPEED AND CONSUMPTION- GOOD WEATHER AND SMOOTH SEA- WEATHER CONDITIONS – WEATHER ROUTING COMPANY REPORT
The subject vessel was chartered on an amended NYPE to transport steel from Brazil to Baltimore. After the voyage, the owners claimed a balance of hire which the charterers subsequently denied. Under dispute were speed and consumption, vessel weather reporting, and the weather routing company report.

DEMURRAGE – TROPICAL STORM- FORCE MAJEURE – DUE DILIGENCE – BAD WEATHER CLAUSE – TERMINAL CLOSING – PORT CLOSING – HURRICANE
A vessel chartered under a contract of affreightment was scheduled to load 60,000 mt of coal from a terminal on the Mississippi when the terminal ordered her to vacate the berth due to an impending hurricane. The owner claimed demurrage of US$330,495 for the time spent awaiting the vessel’s return to the berth, however, the charterer denied any liability for the demurrage incurred claiming bad weather, events outside of their control, and force majeure.

DEMURRAGE – DETENTION – GENCON 94 – AWAITING ORDERS
The subject vessel was chartered to carry wheat from the Russian Federation to Turkey. The owners claimed damages for detention at the discharge port, calculated at the demurrage rate. However, the charterer denied the provisions of the charterparty entitled the owner to these damages, and asserted the owner was only entitled to demurrage.

BERTHING CHARGES – LAYTIME – DEMURRAGE – DAMAGES – AMENDED GENCON 94
Owner refused to let its vessel proceed to berth at the discharge port due to lack of space in its storage yard. Arbitration continued to decide whether the owner was entitled to refuse the orders of the charterer.

OVER CONSUMPTION – REPUDIATORY BREACH – TIME CHARTER – SHELLTIME 4 FORM – FALSE REPRESENTATION
Capital Maritime and Trade Corporation negotiated a two-year time charter with SK Shipping on November 25, 2016. The speed and consumption data of the vessels’ last 3 voyages were set out in the charterparty and were guaranteed for future voyages by SK Shipping. Capital Maritime noticed far greater consumption than was guaranteed and ceased paying hire, eventually terminating the charter. Capital Maritime appealed the first court’s decision claiming the representation of consumption in the charter implied a guaranteed representation of future performance.

NORGRAIN 89 FORM – INSOLVENT CHARTERER – DEMURRAGE – DAMAGES – COGSA 1992 – CARGO FINANCING – RECEIVERS
Seamaster Shipping, the registered owner of the subject vessel Sea Master, appealed an earlier court decision dismissing their claim for demurrage, or damages in lieu of demurrage, due to delays at the discharge port during a charter to Agribusiness United DMCC.