Tagged: January 2022

U.S. Maritime Cases

Ace Quantum Chemical Tankers CV v Nordic Tankers Trading. (MN “Chem Sirius”) – SMA No.4392, 26 July 2020

SPOT CHARTER – PRORATED WAITING TIME – SUSPENDED LAYTIME – DROPPED TENDER
Vessel tendered NOR whilst charterer’s berth was available and after awaiting a short period of time, went to another berth. Thereafter, charterer’s berth was occupied and vessel periodically waited for charterer’s berth and worked berths for other charterers’ accounts. Owner claimed as demurrage those periods of time whilst vessel was awaiting charterer’s berth whilst it was charterer’s position that the root cause of the overall delay in berthing was vessel’s decision to not work charterer’s berth when given the opportunity.

U.S. Maritime Cases

Phoenix Bulk Carriers BVD Ltd v Triorient LLC (The “MV Pretty Lady”) – SMA 4373, 27 Sep 2019

DETENTION – FORCE MAJEURE – DAMAGES – MITIGATION – CANCELLED C/P

When Charterer’s supplier failed to provide its cargo due to Charterer’s attempt to re-negotiate the sale, Charterer was forced to cancel its C/P with the lifting vessel’s owner. Owner then endeavored to mitigate the damages via an internal fixture amongst a rising freight market.

English Maritime Cases

AI Georgis Oil Trading Ltd v. AG Shipping & Energy Pte Ltd (The “Marquessa”) – QBD (Comm Ct), 17 August 2021

SHELLTIME 4 – NON-PAYMENT OF DAILY HIRE – REPUDIATORY BREACH –DAMAGES – MITIGATION OF HIRE VS DAMAGES

When charterer failed to pay hire owner considered this a repudiatory breach of the charter and claimed for this hire and also damages covering delays incurred after the breach.

English Maritime Cases

London Arbitration 17/21

BIMCO HEAVYCON 2007 – NOR VALIDITY – NON PAYMENT OF DEMURRAGE, FREIGHT, BUNKERS, PORT COSTS WAR RISKS – COVID – DETENTION – FRUSTRATION OF CHARTER PARTY – LIEN

After non payment of sums by Charterer , Owner exercised a lien on the cargo and drifted the Vessel for 272 days.  Owner claimed for the non-payment plus detention whilst Vessel drifted.

U.S. Maritime Cases

Ardmore MR Pool LLC (Ardmore Shipping) v Orient Source (HK) Ltd. (The “Ardmore Sealancer”) – SMA No. 4372, 22 Jul 2019

ASBATANKVOY – NAMED PORT – NAMED BERTH – Q88 – FOREIGN FLAG RESTRICTION – INVALID NOR – CARGO AVAILABILITY – DEADFREIGHT – DEMURRAGE – ADDRESS COMMISSION

When Charterer was either unable to provide a cargo or Vessel was not allowed admittance to the load port due to its flag, Owner cancelled the charter party and claimed for deadfreight and demurrage. It was also noted that the Vessel may have tendered a premature NOR from just outside the load port.

U.S. Maritime Cases

MUR Shipping BV v Cathagrow International Ltd. (The “African Jay”) – SMA No. 4371, 15 Jul 2019

BEIZAI 1991 – EQUIPMENT FAILURE – UNION SAFETY INSPECTION FAILURE – DEMURRAGE – DAMAGES

When the crane sheaves on the vessel failed the longshoremen’s inspection, time was lost when attempting to resolve the issue with the Owner ultimately choosing to have the sheaves machined.  Owner claimed demurrage and the cost of the machining from Charterer.