Tagged: Jan/Mar 2006

GENCON 76 -- BERTH -- CANAL -- WEATHER -- ACT OF GOD -- LOADPORT -- DEMURRAGE -- DETENTION -- Owner Award After loading was completed, a latent document delivery to the Vessel detained it at berth for an extra 14.5H. The Charterer did not contest His/Her fault in the delay, however, He/She argues that the canal was concurrently closed due to adverse weather for several days and the time spent at berth during this closure should be deducted from the claim.

GENCON -- BERTH -- DEMURRAGE -- LAYTIME -- ARBITRATION -- VESSEL DEFICIENCIES – VALIDITY OF NOR -- Owner Award When the Charterer’s pilot boarded the Vessel to begin berthing six days after NOR declaration, the pilot noted operational deficiencies and refused to berth the Vessel until repaired. The Owner subsequently filed for demurrage beginning at NOR tender while the Charterer argued that NOR cannot be considered a valid beginning of laytime because of Vessel unreadiness at berthing.

ASBATANKVOY -- SHIP-TO-SHIP -- DEMURRAGE -- ARBITRATION -- LOADPORT -- STS TRANSFER – WHETHER NOR WAS TENDERED -- VALIDITY OF NOR -- Charterer Award This case began with Charterer allegations that the Vessel did not tender NOR for this STS transfer—or if it did, it was invalid and premature. The Owner, however, counterclaimed that when the Charterer remitted partial payment of the demurrage claim, they thereby admitted validity to the Vessel’s NOR and sacrificed their right to challenge it.