Category: U.S. Maritime Cases
AMWELSH -- STEAMING -- BERTH -- PORT -- DRAFT -- DEMURRAGE -- Owner Award
Because of delays steaming upriver, the Vessel missed her designated berthing time and was forced to wait once she arrived at port. The Owners contend that this delay was due to an insufficient draft while steaming, therefore making it demurrage. The Charterers, on the other hand, argue that this time was un-billable because engine trouble caused the delays to port.
ASBATANKVOY -- WORLDSCALE -- DISPORT -- LIGHTERING -- BERTH -- FREIGHT -- Charterer Award
Fixed under a contract where Worldscale terms apply when not already defined, the Vessel was chartered to discharge at three different locations. However, at one location, the Owners are claiming that because of dual operations (lightering and berthing), they should count as two separate disports which would require extra freight compensation from the Charterers.
ASBATANKVOY -- LOADPORT -- BERTH -- ICE BREAKER -- CARGO -- PORT -- VOYAGE -- Charterer Award
Because the loadport’s national ice service increased ice class limitations on entering vessels, the Vessel was denied access to berth, and subsequently, the voyage was terminated. The Owners blame the Charterers for failing in their obligation to find a safe berth upon arrival. Conversely, the Charterers argue that their supplier could not provide cargo at another port and accuse the Owners of failing to provide an appropriate vessel for the voyage.
MOBILVOY 96 -- PART CARGO -- DEADFREIGHT -- CARGO -- Partial Owner Award
The Charterers refused to load their decene part cargo because of excess temperature inflowing from adjacent heating tanks. The Owners subsequently filed for deadfreight damages and claimed that the Charterers had allowed cargo loading in a similar case a year earlier. The Charterers, however, denied payment because of the Owner’s failure to provide "a suitable safe space for the cargo."
ASBATANKVOY -- VALVE -- DISPONENT -- LIGHTERING -- BERTH -- DISPORT -- NOR -- PORT -- DEMURRAGE -- CHARTER PARTY -- SEAWORTHINESS -- DUE DILIGENCE -- Owner Award
Due to a valve malfunction, the Disponent Owners’ nominated lightering Vessel missed her berth call at disport and was forced to re-tender NOR. The Owners then argued that the delays incurred at port were beyond their control and likewise defined as demurrage by the charter. But the Sub-Charterers refused their claim per Vessel unseaworthiness and lack of Owners’ due diligence.
ASBATANKVOY -- PORT -- NOR -- WAIVER -- BERTH -- Charterer Award
Because the port only accepted Vessels less than 16 years of age, the 1975-built Vessel was quickly rejected after tendering her NOR. The Charterers argued that the NOR was invalid due to the Owners’ failure to obtain a waiver and conform to the port regulations. The Owners, on the other hand, contend that the Charterers customarily acquire the waiver. And furthermore, the berth was congested upon arrival, meaning that no time was lost in obtaining the waiver.
ASBATANKVOY -- PORT -- DISPORT -- FREIGHT -- LOI -- BERTH -- DEMURRAGE -- Owner Award
Before arriving at the contracted discharge port, the Charterers fixed a new disport per Charterers’ option. But upon arrival, the Owners refused to begin unloading until both the full freight payment and an LOI had been received from the new Receivers. The Vessel waited at berth for six days before payment, which the Owners submitted to the Charterers as demurrage.
ASBATANKVOY -- DEMURRAGE -- USCG -- OFF-HIRE -- BREAKDOWN -- Owner Award
Although the Charterers paid a majority of the demurrage claim, they refused to consider the two USCG-mandated 6H "crew rest periods" as demurrage. The Charterers argued that these rest periods are comparable to a Vessel “breakdown,” and as such, would render the Vessel off-hire and be for the Owners’ account.
ASBATANKVOY -- BERTH -- DISPORT -- CHANNEL -- PORT -- ARBITRATION -- Charterer Award
En route to berth at disport, the Vessel ran aground on an unchartered obstruction and spilled 16,000 gal. of cargo into the channel. The Owners argued that the berth was obviously unsafe due to the presence of an undiscovered rock at berth and demanded compensation. The Charterers, however, maintain that the berth was safe while citing instances of sister vessels berthing at port with no incidents.
SHELLTIME 3 -- VOYAGE -- CARGO -- CONTAMINATION -- SALVAGE -- TIME-BAR -- COSGA -- Partial Owner Award
At some point along the voyage, the cargo had become contaminated and had to be sold as salvage at a great loss to the sub-charterers. The Charterers presented a timely claim to the Owners and communication about reimbursement continued between parties over the next year until the Vessel Owners declared the claim time-barred under COSGA.
