Tagged: Jan/Mar 2013

NYPE -- SPEED AND CONSUMPTION -- VESSEL UNDERPERFORMANCE -- FAIR WEATHER CLAUSE -- VOYAGES ASSESSED INDIVIDUALLY -- Charterer Award Charterer withheld hire due to Vessel underperformance in two out of the 17 voyages over the course of the time charter. Based upon the express performance warranty including the phrase "all sea passages" and The Didymi principle, the Vessel’s performance was to be measured for each individual voyage, not over the entire charter.

SYNACOMEX -- "REACHABLE ON ARRIVAL" -- BREACH OWING TO ICE -- DETENTION -- WEATHER WORKING DAYS VS. LAYTIME EXCEPTIONS -- Partial Owner Award Upon arrival at anchorage the Vessel was delayed 11 days due to ice that prevented her from reaching berth. Owner submitted a claim for detention on the basis that Charterer breached the "always accessible" obligation. Within their decision, the Panel outlines what time counts when a Charterer breaches their “reachable upon arrival” obligation in a charter that defines laytime by weather working days. Furthermore, Owner exercised a lien on the cargo and seeks demurrage compensation for a three-day delay at the disport while awaiting Charterer’s payment of the load port detention claim.

CHARTER CONSTRUCTION -- ADDITIONAL PORT NOMINATION -- NO LAYTIME ALLOWED TO OFFSET TIME COUNTING -- Owner Award While the Vessel was en route to disport, the parties entered into an agreement to call an additional port, allowed allowed within the fixture, wherein the laytime was to run between the Vessel’s arrival at pilot station until dropping outward pilot. Charterer argued that this Clause was to be calculated in conjunction with the laytime allowance provision. Owner contended that this clause was independent of the other charter party laytime clauses.

COA -- CARBOEX SA -- LOUIS DREYFUS COMMODITIES SUISSE SA -- DEMURRAGE -- AMWELSH -- PORT CONGESTION -- STRIKE -- PUERTO DE FERROL -- SPAIN -- SPANISH -- HAULAGE STRIKE -- INDONESIA -- NOTICE OF READINESS -- Charterer Award Four vessels under a Contract of Affreightment (COA) experienced delays because of port congestion resulting from a strike that had ended prior to arrival. Charterer claimed that this time should be exempted as delays stemming from a strike, while the Owner argued that this exemption was only applicable if the strike had delayed operations after a given vessel had berthed.