2024 Maritime Digest of Arbitration Awards and Court Rulings
Owner claimed damages against the charterers for detention for the extensive delay leaving berth due to a damaged bridge and lock. Owners’ supported their argument by claiming charterers were in breach of the “always accessible” warranty found in the charterparty. The question for decision was if the warranty was to include both the arrival and departure to berth.
The “Ocean Prefect” ran aground upon entering the port of Umm Al Quwain. Owner claimed that the Charterer breached the safe port warranty and commenced arbitration proceedings. The question that arose is whether the MAIB report is admissible in the arbitration as evidence.
OFF-HIRE – RIGHT TO EQUITABLE SET-OFF – WHETHER DEDUCTION WAS MADE FOR OFF-HIRE OR HIRE WAS SUSPENDED Owner made several claims against Charterer for deductions made to balance of hire. Charterer issued counterclaims and sought to use right to equitable set-off. Further, Charterer asserted that hire was suspended rather than deducted as off-hire. Upon completion of a time charter voyage on an amended NYPE form Owner claimed for a balance of $237,719.07, and initiated arbitration proceedings. Following this claim Owner made two applications for arbitration. The first was for the immediate award of $80,925.74 amounting from a hire statement drawn...
DEMURRAGE – DESPATCH – WHETHER NOTICE OF READINESS TRIGGERED WHEN SIGNED BY OWNER’S AGENT – LAYTIME – LOADPORT ANALYSIS REPORTS – SALES CONTRACT Following a delay in discharging cargo, the Seller claimed demurrage from the Buyer. The Buyer contended that laytime commenced at a later date, since the Seller had failed to provide loadport analysis reports as provided in the sales contract and a requirement to the tender of notice of readiness. Further, the notice of readiness provided by the Seller was sent to X, the notify party, who the Seller believed was an agent of the Buyer. The Buyer...
DEMURRAGE – LAYTIME – NOTICE OF READINESS – WHETHER NOR WAS VALID – WEATHER WORKING DAYS – BAD WEATHER – FORCE MAJEURE Charterer excepted laytime from counting for several issues arising at the loading and discharge ports. The issues being whether the first notice of readiness was valid, whether a storm warning constituted bad weather, whether the force majeure provision was applicable, and whether bad weather prevented discharge. This arbitration followed the determination from London Arbitration 11/19, which found that the Charterer would not be allowed to serve counterclaims and defense submissions against Owner. Owner claimed demurrage amounting to $174,025.77...
DEMURRAGE – REPUDIATORY BREACH – ARRIVED AND ALL RESPECTS READY TO LOAD – WHETHER NOR WAS VALID – NOTICE OF READINESS – FORCE MAJEURE – LIABILITY FOR FAILED HOLD INSPECTION Upon vessel’s arrival at the Southwest Pass of the Mississippi River the Master tendered NOR to a port upriver. Charterer’s independent surveyor then found that the holds were not clean whereas after a second, this time successful, inspection loading was further delayed due to an oncoming hurricane which grounded the vessel. Owner claimed demurrage, damages for loss of profit, and compensation for lost bunkers. Charterer asserted that the NOR was...
BILLS OF LADING – WHETHER BILLS OF LADING WERE RELEASED ON TIME – CARGO SHORTAGES – PORT SECURITY CHARGES – DRAFT SURVEYS – DEMURRAGE – FREIGHT PAYMENT Charterer claimed against Owner with regard to several issues arising from a reported cargo shortage accounted by the loading port draft survey. Accompanying this, issues arose with regard to a delay in the release of the bills of lading. Owner contested the claims and issued a counterclaim against Charterer for demurrage. Disputes arose between Owner and Charterer for a voyage chartered on an amended Norgrain form from Savannah, US to Huelva, Spain, Casablanca,...
SPEED AND PERFORMANCE – WHETHER LOST TIME AND EXPENSES TO BE FOR CHARTERER – HULL CLEANING – PROLONGED PORT STAY When the Vessel required hull cleaning after a prolonged port stay Charterer contended that they were not liable for time and expenses as the inspection and cleaning occurred after redelivery. During a voyage chartered on an amended NYPE 1993 form the Vessel encountered a prolonged port stay, which necessitated hull cleaning. Charterer claimed the time and expenses of the cleaning would not be for their account due to the structuring of the clause providing for extended port stays. The relevant...
DEMURRAGE – TIME BAR – DOCUMENTARY REQUIREMENTS – STATEMENT OF FACTS – PORT LOGS – PARTIAL FINAL AWARD Owner claimed demurrage against Charterer, who contended that the claims were time-barred per clauses added by Charterer to the charter fixtures. This partial final award covered three separate demurrage claims that were consolidated into a single proceeding. Koyo Kaiun Co. Ltd. (hereinafter, “Owner”) claimed against Liquistream Americas Inc. (hereinafter, “Charterer”), who contended that the claims were time-barred per the agreed contract. The main dispute of this partial final award was whether the claims are time-barred, and not the specifics of the amount...
DEADFREIGHT – VOYAGE CHARTER – FORCE MAJEURE – WHETHER CHARTERER LIABLE FOR DEADFREIGHT AFTER FORCE MAJEURE EVENT Owner claimed deadfreight after Charterer was unable to load a complete quantity of cargo at the loading port due to a fire. Charterer contended that the fire at the loading port constituted a force majeure event, and as such they were not liable for deadfreight incurred as a result. Norstar Shipping and Trading Ltd. (hereinafter, “Owner”) claimed for deadfreight amounting to $102,640.28 against Ravago LM Pte Ltd. (hereinafter, “Charterer”). The Owner entered into a space voyage charter on the Asbatankvoy form using the...
