2025 Maritime Digest of Arbitration Awards and Court Rulings
ASBATANKVOY -- CHARTER PARTY -- DEMURRAGE -- TERMINAL LOGS -- TIME-BAR -- Charterer Award
This case’s Charter Party clearly stipulates that there are no grounds for demurrage unless the claim (along with supporting documentation) is received within ninety days of cargo discharge. So when the Owner submitted a claim on the ninetieth day without the specifically outlined terminal logs, the Charterer deemed the demurrage time-barred by the Charter Party.
ASBATANKVOY -- LOADPORT -- CHARTER PARTY -- BERTH -- CARGO -- DEMURRAGE -- ARBITRATION -- TANK CLEANLINESS -- Charterer Award
Upon arriving at loadport after a new cargo revision in the Charter Party, the Vessel was kicked off of berth because of survey results revealing that the Vessel’s tanks were insufficiently cleaned for the revised cargo. The Owner submitted demurrage for the cleaning costs and delays arguing that the tanks were acceptable for the original cargo.
PORT AUTHORITY -- BERTH -- DEMURRAGE -- DETENTION -- BERTH CLOSURE -- Owner Award
After repeatedly delaying its ETA, the Vessel ultimately arrived, but the port authority had closed the berth for scheduled maintenance. In response to the subsequent Owner demurrage claim, the Charterer counterclaimed that neither the maintenance nor the delays leading to the prolonged ETA were in His/Her control.
With hurricanes Katrina and Rita recently hitting the U.S. Gulf, Charterers and Owners have found their vessels incurring lengthy waits. Since Asbatankvoy remains the most popular bulk liquids boilerplate and it incorporates the term storm in its Clause 8 half-time provision, the below defines the term storm under both English and U.S. law.
ARBITRATION -- VOYAGE -- DEMURRAGE -- SPEED WARRANTY -- SEAWORTHINESS -- SPEED WARRANTY – LOSS OF ANCHOR CHAINS -- UNSEAWORTHINESS OR UNSAFE PORT/BERTH - VALIDITY OF NOR -- Owner Award
The arbitration following the Vessel’s voyage encompassed several key demurrage arguments. Disputes center around the Vessel speed warranty and the application of the word "about", the fault for broken anchor chains (Charterer port unsafety or Owner Vessel unseaworthiness), and the validity of subsequent NOR tender if the anchors were broken.
ASBATANKVOY -- LOADPORT -- LOAD OPERATIONS -- DEMURRAGE -- ARBITRATIONT -- CARGO CONTAMINATION -- LIABILITY FOR DEMURRAGE, FREIGHT, DEADFREIGHT AND DAMAGES -- Owner Award
The Vessel arrived at loadport, passed surveyor inspection, and began loading cargo. However, when the surveyor inspected the cargo after partial loading, He/She rejected the loaded cargo because of floating particles in the sample. After the voyage, the Owner claimed that the surveyor passed the Vessel before loading and filed demurrage for the tank cleaning delays.
ANCHORAGE -- CHARTER -- ARBITRATION -- BERTH -- LOAD OPERATIONS -- VESSEL ARREST -- VALIDITY OF NOR – HOLIDAY -- Owner Award
After arriving at anchorage, the Vessel was arrested for reasons concerning previous charters. Once the Vessel had passed inspection by authorities but not before being released, it tendered NOR. At arbitration, the Charterers refute the tender saying that the Vessel could not shift to berth while arrested; yet, the Owners stipulate that, in fact, the court order specifically allowed berthing and the commencement of load operations.
SALES CONTRACT -- SHIPPING -- DEMURRAGE -- ARBITRATION -- DETENTION -- PORT -- CARGO -- VETTING -- Buyer Award
The Buyer preliminarily contacted the Seller to ask if the Vessel characteristics agreed with Seller requirements for shipping. After granting approval, the Seller allegedly sent documents stipulating that the agreement was conditional on whether the Vessel had an operating VR system. However, the Buyer never received such stipulations and submitted demurrage for delays at port when the Seller refused Vessel loading without VR.
ASBATANKVOY -- ARBITRATION -- PUMP WARRANTY -- MANIFOLD -- DEMURRAGE -- LATE PAYMENT -- PUMP WARRANTY -- Owner Award
This arbitration centers around the finer aspects of the pump warranty. In this case, the Charterers argue that the agreed pressure at the Vessel’s manifold was not maintained throughout the unloading. The Owners, on the other hand, stipulate that the referenced pressure drops were at the beginning and end of discharge, a common safety and loss prevention practice.
NORGRAIN 89 -- CHARTER PARTY -- GOVERNMENT CURFEW -- CARGO -- DEMURRAGE -- BERTH -- DISPORT -- Owner Award
The Charter Party specifically stated that if cargo cannot be discharged because of "Civil Commotions," then there cannot be any demurrage claim for lost time. But, when the Vessel berthed at disport and a national curfew was in place, the Owner filed for demurrage regardless arguing that the curfew did not prevent the cargo from being discharged, but instead the subsequent lack of trucks leaving the port was the root cause of detainment.
