Category: U.S. Maritime Cases
BURDEN OF PROOF -- SEAWORTHY -- BARGING COSTS -- STORAGE FEES -- THROUGHPUT CHARGES -- Partial Owner Award
The Charterers sought arbitration for additional barging costs, storage fees, and throughput charges because of Owner's failure to provide a seaworthy vessel. Such charges, however, require the Charterers to support their claim with ample evidence.
ASBATANKVOY -- CHARTER PARTY -- DEMURRAGE -- TIME BAR -- Charterer Award
A clause in this case’s Charter Party stated that all claims become void unless arbitration begins within one year post-voyage. But after reaching a subsequent demurrage agreement with the Charterer within the specified timeframe, the Owners began arbitration several years later stating that this informal agreement constituted a recognizable second contract.
ASBATANKVOY -- VESSEL -- ARBITRATION -- CHARTER PARTY -- LOADPORT -- CANCELLATION DUE LATE ARRIVAL – MARKET LOSS -- Owner Award
After engine problems delayed the original Vessel from arriving at loadport, the Charterers cancelled the Charter Party with the Owners and chartered another vessel to take its place. At arbitration, the Charterers held the Owners in full responsibility for failing to provide a timely vessel and demanded compensation for resulting market loss.
ASBATANKVOY -- CARGO -- PORT -- LAYTIME -- ARBITRATION -- DEMURRAGE -- NOR VALIDITY -- Owner Award
After arriving at port and once approved for loading, the Vessel tendered NOR, but waited fourteen days before berthing. However, before load operations could commence, onboard hydraulic problems delayed cargo loading further and gave the Charterers fodder to claim that the NOR tender was premature. The Charterers argued that if the Vessel was not ready to load in all respects, then laytime cannot commence.
ASBATANKVOY -- LOADPORT -- BERTH -- DETENTION -- DEMURRAGE -- INDEMNITY -- CONSOLIDATION OF POTENTIAL CLAIMS INVOLVING MULTIPLE PARTIES -- Partial Charterer Award
A collapsed breasting fender at loadport caused an eleven day berthing delay for the Vessel, subsequently allowing the Owner to file for a demurrage claim. The Charterers counterclaimed that the fender collapse was caused by the Vessel and demanded indemnity for demurrage on four other vessels and indemnity for a potential damages claim from the dock owner.
VEGOILVOY -- ARBITRATION -- CHARTER -- LOADPORT -- CHARTER PARTY -- CARGO -- VOYAGE -- DEADFREIGHT -- PAYMENT AND CALCULATION OF DEADFREIGHT -- Owner Award
The Owners brought arbitration against three separate Charterers in order to collect lost profits from an improper cancellation. Six days before arriving at loadport, the Owner received a message asking Him/Her to cancel the Charter Party because the cargo was unavailable. However, because voyage was underway and there was no locatable substitute cargo, the Vessel arrived, tendered NOR, and sailed with deadfreight.
ASBATANKVOY -- BARGE -- LOADPORT -- DEMURRAGE -- TERMINAL -- ARBITRATION -- ACT OF GOD -- DETENTION -- MITIGATE -- LATE CARGO -- BERTHING DELAY -- Owner Award
After an initial barge loading failure at the original loadport, the Owner mitigated the Charterer’s demurrage and fixed the new loadport as the Owner’s terminal. The Vessel tendered NOR at the terminal, but was forced to wait three days for the Charterer’s barges to arrive because of rough seas and lock delays. The subsequent demurrage claim for the three day delay was refuted in arbitration by the Charterers on the grounds that the weather and lock detentions were out of their control, and therefore exempt from demurrage.
ASBATANKVOY -- LAYTIME -- CARGO -- CHARTER PARTY -- STOWAGE -- LAYCAN -- DEADFREIGHT -- WRONGFUL CANCELLATION -- Owner Award
During laytime, and after the Charterer’s cargo was partially loaded, the Charterer altered the agreed amount of cargo as specified by the Charter Party, thereby incurring stowage delays and confusion in the loading plan. After these delays extended loadtime past laycan, the Charterer cancelled the voyage and refused responsibility for the resulting deadfreight claiming that the delays resulted from the Vessel’s unreadiness to load.
ASBATANKVOY -- DEMURRAGE -- ARBITRATION -- PRORATE -- INCREASED DEMURRAGE INVOICE -- Owner Award
In order to collect outstanding demurrage claims, the Owner started arbitration; however, originally, the claim was erroneously calculated with a lower prorated waiting time which the Owner raised at arbitration. The Charterers argued that they were exempt from this new rate because they believed it to be punitive and an alteration of the original contract.
PORT AUTHORITY -- BERTH -- DEMURRAGE -- DETENTION -- BERTH CLOSURE -- Owner Award
After repeatedly delaying its ETA, the Vessel ultimately arrived, but the port authority had closed the berth for scheduled maintenance. In response to the subsequent Owner demurrage claim, the Charterer counterclaimed that neither the maintenance nor the delays leading to the prolonged ETA were in His/Her control.
