2026 Maritime Digest of Arbitration Awards and Court Rulings
GENCON — NOR VALIDITY — TENDERED PRIOR TO LEGALLY BEING ABLE TO ENTER THE PORT — LOCAL AUTHORITIES — DEMURRAGE — Charterer Award
The Vessel arrived and tendered NOR at the Libyan discharge port despite not having received permission to discharge from the Libyan Port Authority. Four days after arrival, permission was granted. The Vessel had missed her turn at berth, and the port had closed for a period due to inclement weather. The Charterer rejected both the NOR and the subsequent demurrage claim. The award explains the consequences for the Owner for failing to re-tender NOR after receiving permission to discharge.
GENCON — VESSEL ARRESTED WHILE AWAITING BERTH — FORCE MAJEURE — HURRICANE — STORM — WEATHER — GROUNDING — DEMURRAGE — Owner Award
Although the loading operations were uneventful, the discharge on the Mississippi River was delayed due to a recent hurricane (Katrina) as well as the threat of another hurricane (Rita). Charterers declared force majeure, and, in the event that the Panel did not agree, also argued that the demurrage claim should be reduced during an eight day period that the Vessel was under arrest. The award explains why the Panel upheld the Owners claim in full, despite the arrest and a grounding incident.
TIME CHARTER — LATE REDELIVERY — REQUEST FOR CONSOLIDATION — COMMON QUESTION OF LAW — Partial Charterer Award
While under a time charter, the Vessel was sub-chartered for a single voyage. During the single voyage, the time charter expired and the Vessel was delivered late. Owners attempted to consolidate their arbitration claim for damages against both the time charterer and the sub-charterer, citing SMA rules which allow for same when the dispute against all parties involves the same common question of law. The ruling explains why the Panel rejected Owners request for consolidation.
NYPE — SUBCHARTER — SUBPOENAS — REQUEST FOR DOCUMENTS — CONSOLIDATION OF DISPUTES — Partial Owner Award
The Vessel suffered severe damage allegedly caused by stevedore negligence, and Owners commenced arbitration to recover damages. Charterers contended that they had no first-hand knowledge of the incident, as the Vessel was under sub-charter at the time. Charterers subsequently requested arbitration against their sub-charterer and requested that the Panel consolidate all parties into one proceeding.
BPVOY3 — DEMURRAGE — TIME-BAR — REQUIRED DOCUMENTS — PUMP LOG NOT PROVIDED BY OWNER — Charterer Award
The Owner filed a claim for demurrage before the 90-day time-bar, however they did not supply the supporting pump log before the time-bar date. The Owners argue that they only needed to provide the necessary documents supporting their claimed amount and that their claim was not dependent upon the pump logs. Furthermore, they have evidence that the Charterer had received the pump logs from an alternative source before the time-bar.
TIME CHARTER — LATE REDELIVERY — LOST PROFITS UNDER SUBSEQUENT FIXTURE — LIABILITY — Owner Award
This arbitration appeal deals with the damages that a time-charterer is liable to pay to a shipowner for any late redelivery of the chartered Vessel.
NOR — TENDERED FROM OUTER ANCHORAGE — NOR ACCEPTED UNCONDITIONALLY BY THIRD PARTY TERMINAL — DEMURRAGE — Owner Award
The Vessel tendered her NOR to the Charterer’s agents and the Terminal from the outer anchorage within the given laycan. However, a congested berth forced her to wait at the outer anchorage for ten days, which was subsequently claimed as demurrage by the Owners. The Charterer rejected this demurrage claim and stated that because the Vessel was at the outer anchorage upon tender, the NOR was invalid. Conversely, the Owner pointed out that the Terminal unconditionally accepted their NOR.
SHELLTIME 4 — MARPOL — CHANGE OF INTERNATIONAL REGULATION — TIME CHARTER — CARGO RESTRICTIONS — COMMERCIAL RISK — DUE DILIGENCE — Charterer Award
This arbitration began as a result of MARPOL international regulation changes during the operating period of this specific time charter. Due to these changes, the two operating Vessels became legally unable to carry their contracted cargo. This ruling settles which party should bear the commercial risk.
NYPE — HULL DAMAGE — ICE — ANCHORAGE — SAFE PORT WARRANTY — CHARTER PARTY CONSTRUCTION — Owner Award
En route from disport, the Vessel suffered hull damage from ice and the Owner submitted a claim for damage compensation. The Charterer contended that ice was an obvious expectation at this specific disport during the winter, and therefore, the risk was borne by the Owner upon the port’s acceptance. The Owner defended stating that the charter outlined that all berths, ports and anchorages must be safe regardless of acceptance implications.
GENCON — DETENTION — VESSEL MASTER — DELAYED LAUNCH FOR CARGO INSPECTOR — Owner Award
Although several issues were disputed in arbitration, only the detention claim item will be recapped. The Owner filed for detention damages when the Vessel was delayed at port because there was no launch available for the port’s inspector after nightfall. The Charterer, however, contended that it was customary at the given loadport for the vessel master to be responsible for such launches.
