Tagged: Vol. 2 No. 2

Archive / U.S. Maritime Cases

Bibby Tansport, Ltd. v. Chemical Trading, Inc. (The “Cheshire”) – SMA No. 3146, 10 Feb 1995

ASBATANKVOY -- LOAD OPERATIONS -- DEMURRAGE -- CHARTER PARTY -- BERTH -- SHIFTING TIME -- TANK PURGING -- CARGO -- Charterer Award Over the course of load operations, the Vessel allegedly accrued demurrage basis certain charter party clauses, including berth call shifting time, tank purging, and cargo cooling.
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Dalgan Trade, Ltd. v. Sun International, Ltd. (The “Warda”) – SMA No. 3162, 10 Apr 1995

ASBATANKVOY -- ARBITRATION -- BERTH -- DISPORT -- DRAFT -- CHANNEL -- Charterer Award The Owners began arbitration to recover compensation for delays arising from the Vessel’s inability to safely berth at disport. They argue that the Charterers knowingly loaded the Vessel beyond the channel’s draft restrictions and are therefore responsible. Conversely, the Charterers claim that the root cause of delay was the Vessel’s failure to obtain the necessary TVE from the Coast Guard.
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Gaz Horizon, SMA No. 3165

ASBATANKVOY -- ARBITRATION -- ACT OF GOD -- LOADPORT -- STORM -- DEMURRAGE -- CARGO -- SHORTLOADING -- Charterer Award The Charterers began arbitration to recover losses stemming from two separate issues of alleged Owner error. Basis storm delays at loadport, the Charterers claimed that they should count at 50% the demurrage rate regardless of the Vessel already being on demurrage. The other issue centered upon the interpretation of "about" in the cargo stipulations and the subsequent Vessel shortloading which the Owners attribute to crew error.
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Gantrade Corp. v. Pakistan Synthetics, Ltd. (The “Stolt Advance”) – SMA No. 3170, 1 May 1995

ASBATANKVOY -- DEMURRAGE -- DISPORT -- VOYAGE -- LAYTIME -- ARBITRATION -- Seller Award Although the Buyers understand their contractual obligation to pay demurrage for delays at disport, they claim that this voyage’s delays were caused by government action and likewise a laytime exception. Additionally, the Buyers argue that they are not bound by the Panel’s decision because they never agreed to arbitration.
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Odfjell Tankers, K.S. v Trammochem (The “Bow Heron”) – SMA No. 3176, 26 May 1995

ASBATANKVOY -- DEMURRAGE -- DISPORT -- PORT -- BERTH -- ARBITRATION -- LAYTIME -- NOR In response to the Owners’ claim for demurrage at disport, the Charterers contended that the delays resulted from Owners’ lack of required US port documentation and the subsequently occupied berth when the documents were finally received. Conversely, the Owners cited other arbitrations where the laytime began at NOR despite having lost its turn at berth due to Owner negligence.
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Lancer Corp. v Transatlantic Petroleum, Ltd. (The “Prestige”) – SMA No. 3180, 9 Jun 1995

ASBATANKVOY -- ARBITRATION -- DEMURRAGE -- VOYAGE -- TUGBOAT -- BERTH -- TIDE -- DAYLIGHT RESTRICTION -- PUMP WARRANTY -- PORT -- Owner Award This arbitration award settles several pertinent demurrage issues from voyage. These issues include the responsibility for delayed tugboat arrival, demurrage from an occupied berth, Vessel pilot delays, the responsibility to know tidal and daylight port restrictions, and the pump warranty.
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Moran Towing of Texas, Inc. v. Petrolia Oil Corp. (The “Florida”) – SMA No. 3181, 20 Mar 1995

ASBATANKVOY -- DEMURRAGE -- ARBITRATION -- INVOICE -- Owner Award After not receiving any response to their invoices for demurrage, the Owners began arbitration against the Charterers to recover the delay compensation.
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Seatramp Tankers v. Transatlantic Petroleum, Ltd. (The “Jin He”) – SMA No. 3188, 7 Jun 1995

ASBATANKVOY -- ARBITRATION -- DEMURRAGE -- CHARTER PARTY -- PUMP WARRANTY -- STOPPAGE -- PORT -- Owner Award The Owners began arbitration to recover demurrage costs from two consecutive charter parties with the Charterer. The Charterers claim that the demurrage time should be reduced basis an alleged breach of the pump warranty, stoppages during loading, and Owner non-compliance with port authorities.
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