London Arbitration 13/14

GENCON -- BERTH CHARTER -- VESSEL DELAYED REACHING LOAD PORT OWING TO ICE -- WHETHER NOTICE OF READINESS VALID -- ERRONEOUS OVERPAYMENT -- LAW OF RESTITUTION -- Partial Charterer Award This dispute arose under a voyage charter fixed to load end-January at Rostov-on-Don, Russia wherein a special Ice Clause was incorporated. The Vessel subsequently incurred excessive delays reaching the load port owing to ice, both at the ice edge and while in the ice. The validity of the Vessel’s Notice of Readiness tendered from the anchorage where she was ordered (400 miles from the port) was also at issue. Owner brought arbitration proceedings to collect outstanding demurrage or, alternatively, damages for detention; and, Charterer counterclaimed for an erroneous overpayment.