Seatrade Group NV v. Southeastern Export Corp. (The “Nova Caledonia”) – SMA No. 4066, 16 Feb 2010

GENCON -- RIGHT TO CANCEL -- VALID NOTICE OF READINESS -- ARRIVED SHIP -- WHETHER AGENT WAS SERVANT OF CHARTERER OR OWNER -- CALCULATION OF DAMAGES -- Charterer Award Due to miscommunications with the Agent, the Vessel did not file a timely 96-hour Notice of Arrival to the loadport and was precluded from berthing when ordered to do so. As the Vessel did not gain clearance until after the cancelling date, Charterer cancelled the fixture. In its ruling, the Panel had to consider which party bore responsibility for the Agent's actions, whether the Vessel's NOR was valid, and if the Vessel was "in all respects" ready to load.