NYPE FORM – TIME CHARTER – HOLD CLEANING – OFF HIRE DURING EXTENDED HOLD CLEANING – COVID-19 PANDEMIC – COVID-19 PROTOCOLS – OFF HIRE DUE TO ALLEGED CREW SICKNESS
Two disputes for off-hire developed on a one time, time charter trip from India to China relating to extended hold cleaning and alleged crew sickness.
NYPE FORM – TIME CHARTER – PANDEMIC – COVID-19 PROTOCOLS – OFF HIRE – PUT BACK – DELAY – DEFAULT OF MASTER – BREACH OF CHARTER
A standoff between a vessel and pilot company over owners’ Covid-19 protocols and pilots boarding resulted in a delay to berth of almost nine days. The owners added the lost time to their final account and the charterers filed a counterclaim, citing off-hire and put back.
DEMURRAGE – DETENTION – DAMAGES – BUNKERS – QUANTUM MERUIT
The vessel arrived at the port and tendered NOR. Charterers declared discharging was not allowed until berthing. Owner initially claimed demurrage then revised it by way of quantum meruit to include the cost of bunkers consumed.
by Dionne Lindsay Campbell · Published January 31, 2022 · Last modified May 18, 2022
SPOT CHARTER – PRORATED WAITING TIME – SUSPENDED LAYTIME – DROPPED TENDER
Vessel tendered NOR whilst charterer’s berth was available and after awaiting a short period of time, went to another berth. Thereafter, charterer’s berth was occupied and vessel periodically waited for charterer’s berth and worked berths for other charterers’ accounts. Owner claimed as demurrage those periods of time whilst vessel was awaiting charterer’s berth whilst it was charterer’s position that the root cause of the overall delay in berthing was vessel’s decision to not work charterer’s berth when given the opportunity.
by Dionne Lindsay Campbell · Published January 31, 2022 · Last modified May 18, 2022
DETENTION – FORCE MAJEURE – DAMAGES – MITIGATION – CANCELLED C/P
When Charterer’s supplier failed to provide its cargo due to Charterer’s attempt to re-negotiate the sale, Charterer was forced to cancel its C/P with the lifting vessel’s owner. Owner then endeavored to mitigate the damages via an internal fixture amongst a rising freight market.
by Carolina Graca · Published January 20, 2022 · Last modified August 22, 2023
SHELLTIME 4 – NON-PAYMENT OF DAILY HIRE – REPUDIATORY BREACH –DAMAGES – MITIGATION OF HIRE VS DAMAGES
When charterer failed to pay hire owner considered this a repudiatory breach of the charter and claimed for this hire and also damages covering delays incurred after the breach.
BIMCO HEAVYCON 2007 – NOR VALIDITY – NON PAYMENT OF DEMURRAGE, FREIGHT, BUNKERS, PORT COSTS WAR RISKS – COVID – DETENTION – FRUSTRATION OF CHARTER PARTY – LIEN
After non payment of sums by Charterer , Owner exercised a lien on the cargo and drifted the Vessel for 272 days. Owner claimed for the non-payment plus detention whilst Vessel drifted.
by Dionne Lindsay Campbell · Published January 18, 2022 · Last modified May 18, 2022
ASBATANKVOY – NAMED PORT – NAMED BERTH – Q88 – FOREIGN FLAG RESTRICTION – INVALID NOR – CARGO AVAILABILITY – DEADFREIGHT – DEMURRAGE – ADDRESS COMMISSION
When Charterer was either unable to provide a cargo or Vessel was not allowed admittance to the load port due to its flag, Owner cancelled the charter party and claimed for deadfreight and demurrage. It was also noted that the Vessel may have tendered a premature NOR from just outside the load port.
by Dionne Lindsay Campbell · Published January 18, 2022 · Last modified May 18, 2022
BEIZAI 1991 – EQUIPMENT FAILURE – UNION SAFETY INSPECTION FAILURE – DEMURRAGE – DAMAGES
When the crane sheaves on the vessel failed the longshoremen’s inspection, time was lost when attempting to resolve the issue with the Owner ultimately choosing to have the sheaves machined. Owner claimed demurrage and the cost of the machining from Charterer.
TIME CHARTER – FUEL CONSUMPTION – REPUDIATORY BREACH
When the Vessel over consumed bunkers during a voyage, Charterer claimed Owner to be in repudiatory breach of the charter party.
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