Category: U.S. Maritime Cases
ASBATANKVOY -- DEMURRAGE -- PART CARGO -- VOYAGE -- ARBITRATION -- Owner Award
After a timely demurrage claim was made for a part cargo voyage, the Charterer did not respond to any Owner request for payment. After three years of non-compliance, the Owner reevaluated the claim to include interest and began arbitration.
ASBATANKVOY -- VOYAGE -- BERTH -- DISPORT -- LOADPORT -- CARGO -- TRANSSHIP -- Owner Award
Because the previous voyage’s berth to disport was clogged by a state-owned vessel, the Vessel had an estimated loadport ETA outside of the demands of the Charterers’ cargo interest. So, a new agreement was made where the Vessel would temporarily abandon her current voyage, load the Charterers’ cargo, and transship the previous cargo later. The Vessel sailed to loadport, however was notified by her previous Charterer that transshipment would not be allowed, which forced the Charterers to renegotiate their sales contracts.
ASBATANKVOY -- CARGO -- FREIGHT -- PREMIUM -- HIGH POUR -- ROB -- ARBITRATION -- COW -- Charterer Award
The Charterers paid an additional freight premium to keep their "high pour" cargo heated to 110°F. However, 6,000 bbls remained on board due to heating coils being out of place and insufficient crude oil washing. The Charterers began arbitration to recover the Owner-faulted cargo loss.
ASBATANKVOY -- DISPORT -- PUMP WARRANTY -- TERMINAL -- SHORELINES -- GENERATOR -- Owner Award
While at sea, the Vessel suffered a breakdown that left her with only one operating generator. And once at disport, the Charterer complained of pumping delays and argued that such delays were faulted by the lack of generator power. The Owners, on the other hand, claimed that the lack of terminal shorelines for discharge caused the delays.
ASBATANKVOY -- ARBITRATION -- DEMURRAGE -- SHIFTING -- BUNKERS -- SLOW STEAMING -- Owner Award
This arbitration resulted from the Charterer’s failure to pay an outstanding demurrage claim and an invoice for shifting expenses, and failed to reimburse the Owner for under-consumed bunkers from slow steaming.
ASBATANKVOY -- LOADPORT -- VOYAGE -- CARGO -- CHARTER PARTY -- DEMURRAGE -- DEVIATION -- Owner Award
Once at loadport, the surveyor inspected the Vessel’s tanks and rejected them per latex residue from the previous voyage’s cargo. But even after cleaning and re-tendering NOR, latex residue was still found in surveyor samples. So, the Owners ordered the Vessel to fulfill other charters, and later submitted a claim for demurrage and subsequent deviation costs.
EXXONVOY 90 -- ARBITRATION -- DEMURRAGE -- TIME-BAR -- CHARTER PARTY -- Charterer Award
In this case, the Owner began arbitration to recover a demurrage claim that was allegedly time-barred. The charter party stipulates that a notice must be submitted within ninety days of discharge completion, followed by all supporting evidence within 150 days of discharge. The notice and full claim were received on the ninety-first day, which the Owners contend satisfies the charter.
NYPE -- VOYAGE -- OFF-HIRE -- SPEED WARRANTY -- BUNKER -- P&I CLUB -- Partial Charterer Award
After voyage, the Charterer demanded compensation for: an off-hire period to change Vessel crews, a breach in the minimum speed warranty, and bunker over-consumption. The Owners counterclaim that the Charterers’ fuel and speed analyses do not take into account the ½ knot below and 5% above speed and fuel allowances, respectively, given to the Owners by their P&I club.
ASBATANKVOY -- CHARTER PARTY -- CARGO -- BERTH -- LIGHTERING -- LAYTIME -- Charterer Award
As arranged in the charter party, the Vessel lightered 2,100 mt of the Charterers’ cargo and waited for a free berth to discharge the rest. But while waiting, the Vessel began lightering a different charterer’s part cargo and missed its chance to berth and unload. The Charterers argue that the resulting excess time at port was the result of the Owners’ decision to fulfill another cargo interest and should not count as laytime.
ASBATANKVOY -- LOADPORT -- LAYDAY -- BERTH -- CARGO -- ARBITRATION -- DEMURRAGE -- Owner Award
Although the Vessel arrived at loadport and tendered NOR after laydays had expired, the Charterer did not protest against the Vessel’s latency. So, the Vessel berthed, loaded the cargo, and sailed with no incident. And afterwards, the Owner began arbitration to recover the demurrage invoice.
