Tagged: Jul/Sep 2015

COLLISION -- TWO-YEAR LIMITATION TO COMMENCE PROCEEDINGS -- EXTENSION REQUESTED -- Defendant award A dispute arose after two vessels collided. In the course of negotiations, the Claimant issued an application for an extension to commence proceedings, but only after the expiration of a two-year limitation for claims filing passed. At issue was whether the Claimant’s extension request was reasonable.

TRIP CHARTER – BERTHING DELAY – VESSEL GROUNDING – SAFE BERTH -- BUNKER CONSUMPTION – CHARTERER’S RIGHT TO ACCESS SHIP’S GENERATORS -- Partial Owner Award In this dispute, Owner claimed damages for survey costs and delay in discharge due to an insufficient draft at the berth causing the vessel to touch bottom. Charterers counterclaimed for overpaid bunkers and wanted compensation for denied access to the vessel’s generators to power shore grabs.

DEMURRAGE -- MISSING DOCUMENTS – OWNER’S CLAIM NOT PROVIDED – TIME BAR -- Buyer Award This dispute centers on determining the documents considered necessary to file a valid claim in order to avoid a time bar. In this case the seller was requesting demurrage payment while the buyer refused believing the claim had received a time bar.

NYPE -- TIME CHARTER -- VESSEL COLLISION WITH BERTH – DELAYED BERTHING AT NEXT PORT – WHEN IS VESSEL CONSIDERED OFF-HIRE – WHETHER COLLISION PREVENTED CHARTERERS FROM BRINGING CLAIMS AGAINST SUB-CHARTERERS -- Owner Award In this dispute the vessel had a collision with the berth at the first load port sustaining damage to one of its holds. At the following load port the points of contention were over the time period the vessel was considered off-hire, and what damages the charterers were owed due to the inability to bring claims against their sub-charterers.