2024 Maritime Digest of Arbitration Awards and Court Rulings
EXXONVOY 90 -- LOADPORT -- LAYCAN -- ETA -- DEMURRAGE -- NOR -- Owner Award
En route to loadport, the Charterers instructed the Vessel to not tender her NOR until 0700 on the first day of laycan. However, the Owners communicated an ETA change to 0001 with no protest from the Charterers and thereby formally arrived at that time. But later, the Charterers contend that they were not notified of any arrival change and are therefore exempt from demurrage between the NOR tender and the originally agreed ETA.
ASBATANKVOY -- DISPORT -- ALL-FAST -- TYPHOON -- BERTH -- ACT OF GOD -- DEMURRAGE -- CHARTER PARTY -- LAYTIME -- Charterer Award
Although the Vessel was all-fast at disport, a typhoon warning stopped all discharge and forced the Vessel off the berth. The Charterers claim that this time should be considered a weather induced delay and be billed only at half the demurrage rate as per the charter party clause. The Owners argued that because the allotted laytime had not expired, the half-demurrage rate should not apply.
ASBATANKVOY -- TERMINAL -- PUMP WARRANTY -- PART CARGO -- CHARTER PARTY -- Charterer Award
Because of terminal pump limitations for part cargoes, the Vessel could not satisfy the pump warranty stipulated in the charter party. The Owners then subsequently requested to calculate the pump credit by the difference between the theoretical time at 100 PSI against the actual time.
ASBATANKVOY -- ARBITRATION -- VOYAGE -- DEMURRAGE -- LOADPORT -- LAYTIME -- MOORING -- DISPORT -- ACT OF GOD -- Charterer Award
This arbitration centers upon two separate instances during voyage where the Vessel allegedly accrued demurrage. At the loadport, the Owners counted laytime until the Vessel completed unmooring instead of up to the traditional "hoses off." The other argument was over laytime calculations at disport when adverse weather temporarily halted discharge.
ASBATANKVOY -- CARGO -- ARBITRATION -- TUGBOAT -- DEMURRAGE -- BERTH -- INTEREST -- Owner Award
This arbitration covers several key issues such as tank testing expenses at berth, dock labor charges not related to cargo carriage, tug standby costs, demurrage at berth, and the interest rate for delayed payment.
ASBATANKVOY -- VOYAGE -- PORT -- DOCK -- BERTH -- SPEED WARRANTY -- Charterer Award
This voyage’s fixed discharge port was a Citgo dock where berthing priority was given to other Citgo vessels. So when the Vessel failed to meet the minimum speed warranty (and therefore missed laycan), she lost her place in line for berth to a Citgo ship. When billed for this delay, the Charterers contend that they should be exempt from invoicing because if the Owner had followed the speed warranty, the berth would have been free upon arrival.
ASBATANKVOY -- DISPORT -- LIGHTER -- CARGO -- DRAFT -- DEMURRAGE -- VOYAGE -- Charterer Award
In order to arrive at the designated disport, the Vessel needed to lighter her cargo to meet the maximum transit draft. But due to five different "errors of judgment" by the Vessel’s Master, The Charterer demanded that the Owner both reimburse the lightering expenses and drastically reduce the voyage’s demurrage claim.
ASBATANKVOY -- CHARTER PARTY -- TRANSSHIP -- CARGO -- DISPORT -- DEMURRAGE -- Charterer Award
This arbitration centered upon disputed language between charter party exception clauses. The Owners had to transship cargo due to ice restrictions to the original disport, a task which the Owners’ claim falls under the language of Clause 14 ("if port … is inaccessible due to ice … any demurrage is responsibility of the Charterer"). But, there is a Transship Clause which states that “Owners have the option to transship the cargo at their own time.”
VEGOILVOY -- DEMURRAGE -- DISPORT -- PART CARGO -- PIPELINES -- Owner Award
The Vessel accrued demurrage at disport because of difficulties discharging a part cargo of semi-refined fish oil. The Owner blamed the Charterers’ cargo for the delay on the grounds that lines connected to the fish oil’s tanks were backed up with sludge and particles while other part cargoes were discharged without delay.
ASBATANKVOY -- BILL OF LADING -- FREIGHT -- LIEN -- DEMURRAGE -- DISPORT -- Owner Award
Because the Bill of Lading was late in arriving, the freight payment due Owners was also delayed. In response, the Owners exercised their posessory lien on the cargo at the discharge port until the freight was paid, thereby accruing demurrage that the Owners’ claim was ultimately faulted by the Charterers.
