2025 Maritime Digest of Arbitration Awards and Court Rulings
GENCON 1976 - REDUCED DISCHARGE RATE - FORCE MAJEURE - DEMURRAGE - Owner Award
During unloading, the Vessel was directed to vacate the dock and wait until the berth once again became available. After a month of waiting, she was called back in and completed her discharge. Charterer rejected the resultant demurrage claim under the auspices that the unloading rate was reduced due to the ingress of water, the berth’s inefficiency in unloading was a force majeure event, and the removal of the Vessel from the berth by the port authority was a force majeure event.
NYPE TIME CHARTER – SPEED AND CONSUMPTION WARRANTY – HOW LONG MUST A PERIOD OF GOOD WEATHER BE – ERROR OF LAW – Charterer Award
Under a time charter, an arbitration panel defined a “good weather day” as being 24 consecutive hours from noon to noon. As there were no noon to noon periods of good weather, the panel dismissed charterer’s claim for poor performance. The charterer appealed basis the panel having made errors of law.
TIME CHARTER - CHARTER PROVIDING FOR LAYCAN TO BE BACK-TO-BACK WITH SHIPBUILDING CONTRACT - WHETHER CHARTERER FULFILLED OBLIGATIONS TO OWNER WHEN CANCELLING CHARTER - Charterer Award
Charterer cancelled the time charter under the interpretation that its right to cancel was “back-to-back” with owner’s shipbuilding contract. Owner disagreed that “back-to back” referred to its right to cancel in the shipbuilding contract leaving owner to claim a repudiatory breach of contract. Charterer in turn sought a declaration that it was entitled to cancel while owner counterclaimed for damages.
GENCON - NO LAYCAN - CANCELLATION OF CONTRACT- FORCE MAJEURE - WHETHER PRE-PAID FREIGHT TO BE REFUNDED- FAILURE TO COMPLY WITH ARBITRATORS’ ORDERS- Owner Award
Charterer and Disponent Owner agreed to transport cows from northeastern US to Turkey under a consecutive voyage charter. Before the recognized load date for the first voyage Charterer requested extensions and ultimately cancelled the charter due to a fire at the receiving facility and the Syrian civil war which saw fighting on Turkey’s border with Syria. Charterer sought to recover $600k in pre-paid freight from Owner with Owner rejecting Charterer’s claim and countering for unpaid freight and lost profit on the unperformed voyages.
GENCON 94 – CHARTERER PAYS BUNKERS AND DISCHARGE PORT DISBURSEMENTS TO COMMENCE VOYAGE AFTER DISPONENT OWNER REFUSES TO PAY HEAD OWNER – CHARTERER CLAIMED DAMAGES FROM DISPONENT OWNER – Charterer Award
The head owner of the vessel asked the disponent owner to render payment for bunkers and discharge port disbursements before the commencement of the voyage. After the disponent owner did not comply, the charterer made payment in order to avoid further delay. The charterer then claimed damages against the disponent owner after the completion of the voyage.
GENCON - BERTH OR PORT CHARTER PARTY- VALIDITY OF NOTICE OF READINESS- DETENTION- INDEMNITY
When owner’s vessel was due to be late, a replacement vessel was provided by owner and agreed to by charterer. The panel was tasked with determining whether the replacement vessel was just that or whether a new fixture had been agreed to, whether this new fixture was a port charter or a berth charter, and when the vessel was considered to be an arrived ship. Additionally, claims for detention and indemnity were addressed.
CHARTER PARTY – BPVOY3 – LOAD PORT CHANGED EN-ROUTE – VESSEL TO ARRIVE ONE DAY AFTER LAYCAN – CHARTERER CANCELS CHARTER PARTY – VALIDITY OF CANCELLATION – Owner award
This is charterer’s appeal of an arbitration. The vessel was en-route to the nominated load port when the charterer nominated a different port for loading. Owner then advised the charterer that the vessel would arrive one day after the laycan and the charterer subsequently cancelled the charter party.
ASBATANKVOY – STS TRANSFER - CONTAMINATED CARGO – HAGUE VISBY & COGSA - BURDEN OF PROOF – DEMURRAGE - FAULT OF THE VESSEL - TIME-BAR – Charterer Award
The vessel was loading LPG via a ship-to-ship transfer when it was discovered that the cargo she had loaded was contaminated by moisture. Both the charterer and the owner held each other responsible for the burden of proof. The dispute was over who was liable for the damages due to the contamination and if demurrage, detention and deviation were to be incurred. And if incurred, whether owner’s claims for same were time-barred.
SHELLVOY 5 – PUMP WARRANTY – PERFORMANCE OR CAPABILITY – PUNITIVE - DEMURRAGE – Owner award
This dispute revolved around whether the pump warranty was breached during the discharge of crude oil. The owner submitted its demurrage claim with the belief that the pump warranty had been met. Charterer however contended that the vessel had not met its requirements and thus excess pump time should be deducted from time counting.
