Tagged: Vol. 10 No. 3

Archive / U.S. Maritime Cases

Bayoil Supply and Trading Ltd. v. Lamar Navigation, Ltd.Sea Giant, SMA No. 3790

SHELLTIME 4 -- TIME CHARTER -- VOYAGE -- ARBITRATION -- DEMURRAGE -- Charterer Award In this time charter voyage, the Charterers had credit owed to them by the Owner. But because a company tied to the Charterer is in debt to the Owner, the Owner refused to pay the Charterer and used the other claim as credit to offset the debt.
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Archive / U.S. Maritime Cases

Addison Shipping & Trading SA v. Bayoil Supply and Trading Ltd. (The “Sea World”) – SMA No. 3791, 10 Jun 2003

SHELLTIME -- ARBITRATION -- MARKET RATE -- CHARTER PARTY -- VOYAGE -- CHARTER -- Owner Award Although the Vessel was twenty days late for delivery, the disagreement at arbitration was the correct rate for the Vessel after this delay. The Charterers refused to grant the Owners the new market rate and cite the Charter Party clause which states that the final voyage must be completed "at the same rate and conditions" as in the Charter.
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Anan Shipping Co., Ltd. v. ED & F Man Sugar Ltd. (The “An An”) – SMA No. 3792, 12 Jun 2003

FIOT BULK SUGAR -- PORT -- DISPORT -- CRANE -- BERTH -- DETENTION -- DELAY -- GOOD FAITH -- BERTH -- Owner Award Because the Charterer’s Buyer instructed that Baltimore was the only feasible discharge port, the Charterer ordered the Vessel there despite recent port hazards. Once unloaded at disport, a damaged crane forced the Vessel to wait at berth for forty-six days. The Owners followed through with a detention claim arguing that the Charterers were aware of the anticipated delays and did not make a good faith effort to find another berth.
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Asian Paints Ltd., Adani Exports Ltd., Akin Chemicals Pvt. Ltd., Shanghai Jiu Mao Freign Trade Corp., Sinochem Pudong Trading Co. Ltd. v Carleon Shipping, Inc. M/V Santa Margherita, SMA No. 3796, 23 Jul 2003

ASBATANKVOY -- BILL OF LADING -- ARBITRATION -- CARGO -- CONTAMINATION -- DISCHARGE -- PRIMA FACIE -- SEAWORTHINESS -- TRADE ALLOWANCES -- Receiver Award The seven Bill of Lading holders initiated arbitration for damages from cargo contamination and shortages upon discharge. The Owners claimed that the shortages were due to evaporation and trade allowances, while the Receivers argued that the Vessel unseaworthiness was prima facie.
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Transportes Maritimos Centroamericanos SA and Paper Sea AS (The “Forest Link”) – SMA No. 3800, 17 Sep 2003

NYPE -- ARBITRATION -- TIME CHARTER -- OFF-HIRE -- REPAIRS -- Charterer Award This case is a Charterer re-petition to the panel to terminate the time charter contract with the Owner because of ongoing repairs that render the Vessel off-hire and because of new information indicating Owner financial difficulty.
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Archive / Maritime Articles

International Ship And Port Facility Security (ISPS)

Effective 1 July 2004, the International Ship and Port Facility Security (ISPS) Code looks to provide a modicum of security in this era of global terrorism. Adopted, along with other maritime security measures, by a conference held at IMO in December 2002, the ISPS Code is now mandatory under amendments to the International Convention for the Safety of Life at Sea (SOLAS). Containing two parts, one mandatory and one recommended, the ISPS Code contains security related requirements for Governments, port authorities and shipping companies and then sets out a series of guidelines regarding how to meet these requirements, respectively.
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