Tagged: Vol. 10 No. 2

ASBATANKVOY -- ARBITRATION -- FREIGHT DIFFERENTIAL -- SUB-CHARTER -- Owner Award Owner began arbitration to recover an unpaid freight differential on a back-to-back charter agreement. The Charterer needed an Ecuadorian flag Vessel in order to discharge in the contracted Ecuadorian port and could only get around this by sub-chartering the Vessel to itself through this contract’s Owner. However, Charterer argues that Flopec was under no risk in the transaction and had no right to claim a freight differential.

ASBATANKVOY -- ARBITRATION -- DEMURRAGE -- LAYCAN -- VOYAGE -- ETD -- PORT -- ACT OF GOD -- CHARTER PARTY -- Owner Award The focal points of this arbitration are the outstanding demurrage bill and the costs to the Owner to collect demurrage. The Charterers blame the missed laycan on a previous voyage that had a delayed ETD from lack of port space and adverse weather. The Owners, however, argue that the Charterer did not cancel the contract, and therefore, the laycan remains in full effect.

ASBATANKVOY -- COGSA -- VOYAGE -- CARGO -- COLLISION -- GENERAL AVERAGE CONTRIBUTION -- Charterer Award During voyage, the Vessel collided with another tanker, causing cargo loss and damages. The Charterer claimed compensation for said losses while Owner counterclaims for unpaid general average contributions under COGSA.