2025 Maritime Digest of Arbitration Awards and Court Rulings
CIF SALES CONTRACT -- WIBON -- BERTH CONGESTION CONCURRENT WITH TIDE DELAY -- Seller Award
Upon arrival at the discharge port the berth was occupied and inaccessible owing to tide. Per the WIBON phrase in the CIF Sales Contract, Notice of Readiness (NOR) could be tendered prior to arrival in berth should the berth be occupied. The Buyer, however, argued that in this instance NOR must be tendered at the berth since congestion was not the sole cause of delay.
GENCON -- SOF VS METEOROLOGICAL REPORT -- FREIGHT CALCULATION WHEN DISPORT NOT NAMED IN FIXTURE -- Partial Owner Award
At the disport the Vessel’s statement of facts (SOF) referenced possible weather related delays yet when Charterer attempted to deduct said delays from time counting, Owner produced a weather report for a nearby port which reflected fair weather during the time in question. Additionally, there was a dispute over the calculation of freight when the nominated disport, albeit an acceptable port option, was not within any of the port ranges in the fixture’s freight rate schedule.
GENCON -- DEMURRAGE -- TIDE -- EXCESSIVE AIR DRAFT -- TERMINAL BREAKDOWN OR BAD WEATHER -- Partial Owner Award
Whilst loading, operations ceased due to excessive air draft of the Vessel during high tide. Later operations stopped again due to either the breakdown of the terminal’s camera or bad weather. Owner claimed demurrage during both delays which Charterer refuted.
EXXONMOBIL VOY 2000 -- MISSING ANCHOR -- INTERIM CLASS CERTIFICATE -- SEAWORTHINESS -- SAFE PORT -- DETENTION -- ROLE OF AGENT -- Partial Owner Award
At issue is whether the Owner is in breach of the seaworthiness obligation or Charterer failed to nominate a safe port; and, the relevant assessment of demurrage and detention. Just prior to the fixture, Vessel lost 1 of 2 forward anchors. After obtaining class approval to operate with one anchor temporarily, Vessel tendered NOR at Charterer's load port, informed the Vessel's agent of the missing anchor, loaded and proceeded to the disport range of Northern Chile. After waiting several days, Vessel was instructed to the disport but the pilot refused to berth her given the port's two-anchor requirement. After a replacement anchor was fitted the Vessel encountered delays at subsequent discharge ports due to lack of tankage. In addition to demurrage, Owner claimed detention from Vessel's arrival off Chile until berthing at the first discharge berth.
EXXONMOBIL VOY 2005 -- INTEREST ON UNDISPUTED DEMURRAGE -- ADVERSE WEATHER -- DEPARTURE DELAY DUE TUGS -- SIGNING DOCUMENTS -- REDELIVERY OF LIGHTERAGE EQUIPMENT AND MOORING MASTER -- Partial Owner Award
At issue is whether Charterer is responsible for interest on a late payment of undisputed demurrage, whether weather related delays existed within the context of ExxonMobil VOY2005's Clause 14, whether Charterer or Owner was responsible for the delay in departing berth due to a lack of tugs, whether time ceased at documents onboard or upon signing, and the assessment of time after a transshipment i.e. whether time stops at hoses off or upon the Vessel redelivering the lighterage equipment and mooring master.
ASBATANKVOY -- WHETHER BERTH CONGESTION IS BEYOND CHARTERER’S CONTROL -- NOTICE OF READINESS PRIOR TO FREE PRATIQUE -- PRORATED LAYTIME -- Owner Award
Charterer attempted to dispute Owner's demurrage claim on the basis that berth congestion was a condition beyond charterer's control per ASBATANKVOY Clause 6, time cannot commence until the vessel is in free pratique, and time spent simultaneously discharging another charterer's cargo should be prorated.
ASBATANKVOY -- WRONGFUL CANCELLATION OF CHARTER PARTY -- PROCEED WITH UTMOST DISPATCH -- ETAs -- CONTRIBUTORY BREACH AND EQUITABLE REMEDY -- Partial Owner Award
With a two port load option, San Francisco or Los Angeles, and a strict laycan to lift cargo prior to year-end (to avoid shoreside inventory taxes), Vessel initially commenced sailing in an indirect direction. Eventually, en-route to the U.S. West Coast Charterer nominated SF as the load port only to have the Vessel’s ETA begin slipping. Fearing a late arrival and the loss of the FOB purchased cargo, Charterer directed the Vessel to LA. Given that the intended load port had been changed it becomes apparent that the laycan will be missed whereas, weather permitting, she would have made the laycan had the load port remained SF. Charterer canceled the Charter and Owner subsequently claimed for damages basis an alleged wrongful cancellation.
NYPE 93 -- DEFICIENT SPEED -- BUNKER VALUATION -- EARLY REDELIVERY -- PREMIUM HIRE -- OFF-HIRE -- BANK CHARGES -- Partial Owner Award
This arbitration resolved a number of different disputes under a time charter. These included the calculation of the deduction for a speed deficiency, Charterer proactively deducting from hire the speed deficiency rather than claiming from Owner as stipulated by the Charter Party, early redelivery and the valuation of bunkers on redelivery, an alleged shortage of IFO during the time charter period, whether Charterer was to pay a premium whilst the Vessel cleaned the holds after the cargo requiring a premium had been discharged, off-hire calculations whilst the Vessel had a crane breakdown yet wherein no loss of time was encountered, excessive address commission being deducted from "hire" paid when redelivering early and finally, insufficient payment by Charterer as a result of “nominal” Bank Charges.
AMWELSH -- DEMURRAGE RESULTING FROM INSUFFICIENT WATER LEVELS -- ALWAYS AFLOAT, ALWAYS ACCESSIBLE -- SHORT LOADING -- Full Owner Award
Owner claimed time ran during a period when the Vessel was required to temporarily vacate the berth during loading due to insufficient water levels as the fixture warranted Vessel to load "always afloat". Charterer counterclaimed for short loading when the Vessel departed with less than the warranted “max 21,400 MT in chrts option…”
AMWELSH -- BERTHING DELAYS CAUSED BY STRIKE -- WHETHER IN BERTH OR NOT -- WIBON PHRASE RELATIVE TO A STRIKE CLAUSE -- Charterer Award
Under the same Contract of Affreightment (COA), two vessels arrived at port in the midst of a haulage strike and two vessels arrived after the haulage strike ended. All four of these vessels experienced berthing delays as a result of port congestion attributable to the strike. At issue is whether the WIBON clause supersedes the strike clause regarding berthing delays.
