Category: U.S. Maritime Cases
ASBATANKVOY -- ARBITRATION -- SHIFTING -- WAITING TIME -- BERTH -- DEMURRAGE -- Partial Owner Award
This arbitration centers upon the appropriation of waiting and shifting time between berths at loadport. In this case, the Vessel shifted from one berth and was forced to wait at another for 30H 16M. The Owners billed the Charterers for this delay under "shifting time"; however, the Charterers argue that the time between a dropped anchor and the commencement of shifting should be considered un-billable “waiting time.”
ASBATANKVOY -- LOADPORT -- CONTAMINATION -- RESIDUE -- BERTH -- DRAFT -- DEMURRAGE -- DETENTION -- Charterer Award
Upon arriving at loadport, the Vessel’s tanks were rejected due to .01 cm of cargo residue and forced the Vessel off berth to be cleaned. Once cleaned, the Vessel loaded the cargo with no incident, but incurred delays once again because of low water levels in the channel. The Owners submitted a demurrage claim inclusive of both the superfluous cleaning time and the detention trying to leave berth.
ASBATANKVOY -- PLATFORM -- MOORING -- BERTH -- DEMURRAGE -- SHIFTING -- ARBITRATION -- Draw / Claim Offset
The Vessel arrived at the nominated offshore discharge platform with insufficient equipment to secure the Vessel to the mooring system. The Charterers then redirected the Vessel to a shore berth and completed discharge without incident. The Owners submitted a demurrage claim for the excess shifting time while the Charterers counterclaim for shore berth expenses.
VEGOILVOY -- DEADFREIGHT -- LAYTIME -- CARGO -- DAMAGES -- Partial Charterer Award
Because of Charterer-incurred deadfreight, the Owners computed their laytime allowances based on the amount of cargo loaded. They argued that deadfreight is an element of damages that has no bearings on allowed laytime. The Charterers, on the other hand, contend that a fully loaded Vessel should be the basis for allowed laytime.
ASBATANKVOY -- ARBITRATION -- CHARTER PARTY -- CONTAMINATION -- INSPECTION -- TANK SAMPLE -- Charterer Award
The Owners brought arbitration against the Charterers because of an alleged wrongful cancellation of the charter party. In this case, the Vessel was chartered to load a cargo of clean propylene oxide, but failed tank inspection multiple times at loadport. And after the Master did not offer any further cleaning, the Charterer rejected the Vessel and cancelled the charter.
EXXONVOY 90 -- ANCHORAGE -- CHANNEL -- FOG -- ARBITRATION -- DEMURRAGE -- PORT -- Charterer Award
Upon tendering NOR at an uncustomary anchorage 226 miles away from port, dense fog forced the Vessel to wait three additional days before undergoing a necessary US Coast Guard survey and proceeding to customary anchorage. At arbitration, the Owners claim this time under demurrage while the Charterers argue that the Vessel was not an "arrived ship" 226 miles away from port.
SHELLVOY 5 -- ARBITRATION -- PUMP WARRANTY -- CHARTER PARTY -- DEMURRAGE -- PRECEDENCE -- Charterer Award
At arbitration, disputes centered upon the interpretation and execution of the pump warranty. The Owners submitted a demurrage claim for excess pumping time and argued that the Charterers had set a charter- amending precedent by agreeing to the Owners’ interpretation of the pump warranty in the past. The Charterers refute any such precedent for open claims.
ASBATANKVOY -- ARBITRATION -- VOYAGE -- DISPORT -- CARGO -- SAMPLE -- CONTAMINATION -- BERTH -- Partial and Full Owner Award
The Owners began arbitration to collect outstanding payments on two separate voyages with the Charterers. On the first voyage, the Vessel was delayed for two days at disport when cargo samples revealed unacceptable water content. And on the second voyage, when the Vessel arrived at disport, she was forced to wait ten days for berthing instructions.
ASBATANKVOY -- DISPORT -- DEMURRAGE -- BERTH -- SHORESIDE -- ARBITRATION -- CHARTER PARTY -- Owner Award
Upon arriving at disport, the Vessel accrued extensive demurrage while being forced to wait for a free berth and shoreside storage space. And when the Owner started arbitration to recover demurrage, the Charterers did not appoint an arbitrator, denied the existence of a binding charter party, and refused to acknowledge the jurisdiction of the Panel to settle disputes.
ASBATANKVOY -- DISPORT -- DEMURRAGE -- BERTH -- SHORESIDE -- ARBITRATION -- CHARTER PARTY -- Owner Award
Upon arriving at disport, the Vessel accrued extensive demurrage while being forced to wait for a free berth and shoreside storage space. And when the Owner started arbitration to recover demurrage, the Charterers did not appoint an arbitrator, denied the existence of a binding charter party, and refused to acknowledge the jurisdiction of the Panel to settle disputes.
