Schuyler Line Navigation Co. v. Trade Ferro Metal Inc. (FEMET) (The “Pacific Bangshen I”) – SMA No. 4062, 15 Jan 2010

GENCON -- FORCE MAJEURE – DEMURRAGE -- HURRICANE -- BUNKERING -- "ARRIVED SHIP" NOR -- WIPON -- NOR ACCEPTED WITHIN OFFICE HOURS -- Owner Award The Vessel arrived EOSP to discharge 179 miles up the Mississippi River shortly after the passage of Hurricane Gustav through the area which resulted in the closure of the river and Charterer’s terminal. Shortly thereafter, an upriver section of the river re-opened to traffic, but a draft restriction at the mouth of the river and berth congestion prevented the Vessel from proceeding to the discharge berth. Owner started laytime once the discharge berth re-opened following the hurricane. Conversely, Charterer rejected all waiting time basis the Agent’s SOF remark that the River was closed to navigation during presumably much or all of the waiting time; and, Charterer held that the Vessel was not an arrived ship when NOR was tendered because she later stopped her upriver transit to take on bunkers. Whilst bunkering, Charterer’s berth was unavailable.