Tagged: Vol. 12 No. 3

Archive / U.S. Maritime Cases

Interchem 2000 Logistics BV v. Suffolk Tankers Co., Ltd. (The “Rachel B”) – SMA No. 3889, 11 Jul 2005

ASBATANKVOY -- VESSEL -- ARBITRATION -- CHARTER PARTY -- LOADPORT -- CANCELLATION DUE LATE ARRIVAL – MARKET LOSS -- Owner Award After engine problems delayed the original Vessel from arriving at loadport, the Charterers cancelled the Charter Party with the Owners and chartered another vessel to take its place. At arbitration, the Charterers held the Owners in full responsibility for failing to provide a timely vessel and demanded compensation for resulting market loss.
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Archive / U.S. Maritime Cases

Greenfleet Chartering BV v. Bunge Global Markets, Inc. (The “Express Patriot”) – SMA No. 3899, 28 Oct 2005

ASBATANKVOY -- CARGO -- PORT -- LAYTIME -- ARBITRATION -- DEMURRAGE -- NOR VALIDITY -- Owner Award After arriving at port and once approved for loading, the Vessel tendered NOR, but waited fourteen days before berthing. However, before load operations could commence, onboard hydraulic problems delayed cargo loading further and gave the Charterers fodder to claim that the NOR tender was premature. The Charterers argued that if the Vessel was not ready to load in all respects, then laytime cannot commence.
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Stena Bulk AB v. Citgo Asphalt Refining Co. (The “Goldmar”) – SMA No. 3902, 22 Nov 2005

ASBATANKVOY -- LOADPORT -- BERTH -- DETENTION -- DEMURRAGE -- INDEMNITY -- CONSOLIDATION OF POTENTIAL CLAIMS INVOLVING MULTIPLE PARTIES -- Partial Charterer Award A collapsed breasting fender at loadport caused an eleven day berthing delay for the Vessel, subsequently allowing the Owner to file for a demurrage claim. The Charterers counterclaimed that the fender collapse was caused by the Vessel and demanded indemnity for demurrage on four other vessels and indemnity for a potential damages claim from the dock owner.
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Stolt-Nielsen Transportation Group BV v. Edible Oil Trading Corp. and/or Mineral Gida Dis Ticaret and Lio Oil Industry Inc. and/or Lio Yag Sanayi Ve Tocaret AS (The “Vanni D”) – SMA No. 3903, 25 Nov 2005

VEGOILVOY -- ARBITRATION -- CHARTER -- LOADPORT -- CHARTER PARTY -- CARGO -- VOYAGE -- DEADFREIGHT -- PAYMENT AND CALCULATION OF DEADFREIGHT -- Owner Award The Owners brought arbitration against three separate Charterers in order to collect lost profits from an improper cancellation. Six days before arriving at loadport, the Owner received a message asking Him/Her to cancel the Charter Party because the cargo was unavailable. However, because voyage was underway and there was no locatable substitute cargo, the Vessel arrived, tendered NOR, and sailed with deadfreight.
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Archive / English Maritime Cases

London Arbitration 21/05

GENCON -- LOADPORT -- BERTH -- SHIFTING -- DETENTION -- DEMURRAGE -- WHETHER CHARTERER LIABLE FOR DETENTION OR BREACH OF CHARTER FOR FAILURE TO BERTH VESSEL – WHETHER CHARTERER AT FAULT FOR BERTHING VESSEL OUT OF TURN – VALIDITY OF NOR -- Owner Award Although the Vessel had arrived and tendered NOR at loadport, another vessel was berthed out of turn. Subsequently, the Owner claimed detention at the demurrage rate for the four days of delay that the Charterer incurred by berthing the second vessel out of turn.
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Archive / English Maritime Cases

London Arbitration 22/05

NYPE -- ARBITRATION -- VOYAGE -- DRAFT -- TANKER -- DISPORT -- TIME CHARTER – CHARTERER ORDERING VESSEL TO LOAD TO ARRIVAL DRAFT OF 11 METRES – OWNER REFUSING BASIS OFFICIAL DRAFT RESTRICTION AT DISPORT OF 10.5 METRES -- Owner Award This arbitration centers on the Owner’s refusal to load His/Her vessels on four voyages during March/May to a full arrival draft of eleven meters. Instead, He/She used a safer draft of 10.5 meters in accordance with Navtex costal warnings during these months. The Charterers, however, brought arbitration against the Owner with evidence that the discharge port authority was berthing vessels up to the desired eleven meters draft.
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