Tagged: Vol. 21 No. 1

AMWELSH -- CONTRACT CONSTRUCTION -- LIABILITY FOR PORT CHARGES -- Final Owner Award This dispute arose under a voyage charter in determining the party responsible for paying the port charges at the discharge port. At issue is the interpretation of an amended clause alleged to be in contravention to the intention of the deal.

NYPE -- TIME CHARTER -- PERFORMANCE SUSPENDED FOR UNPAID HIRE -- WHETHER OWNER REQUIRED TO SERVE ANTI-TECHNICALITY NOTICE -- WHETHER OWNER ENTITLED TO EXERCISE LIEN ON CARGO -- Owner Award This dispute arose under a trip charter from U.S. to China, where Owner suspended performance of contract due to outstanding hire, resulting in delays to discharge and additional hire until the redelivery date as Owner ordered the vessel to anchorage to wait. Charterer refused to pay the additional hire claiming that the vessel was off-hire during time spent at anchorage and Owner was liable for damages by depriving Charterer of service.

NYPE -- TIME CHARTER -- LATE DELIVERY AND CREW CHANGE -- FAILURE TO PAY HIRE -- RIGHT TO WITHDRAW VESSEL -- REPUDIATORY BREACH -- DAMAGES -- Owner Award Charterer failed to make several hire payments and failed to reimburse bunker costs causing the Owner to withdraw the Vessel on the basis of Charterer’s repudiatory breach. Conversely, Charterer claimed that Owner’s withdrawal was improper because it was not in compliance with the governing term and asserted that Owner was in repudiatory breach by not following their voyage orders. Charterer counterclaimed for damages owing to the Vessel’s late delivery causing a missed cargo opportunity and rejected liability for hire when Owner failed to follow their voyage orders.

GENCON -- BERTH CHARTER -- VESSEL DELAYED REACHING LOAD PORT OWING TO ICE -- WHETHER NOTICE OF READINESS VALID -- ERRONEOUS OVERPAYMENT -- LAW OF RESTITUTION -- Partial Charterer Award This dispute arose under a voyage charter fixed to load end-January at Rostov-on-Don, Russia wherein a special Ice Clause was incorporated. The Vessel subsequently incurred excessive delays reaching the load port owing to ice, both at the ice edge and while in the ice. The validity of the Vessel’s Notice of Readiness tendered from the anchorage where she was ordered (400 miles from the port) was also at issue. Owner brought arbitration proceedings to collect outstanding demurrage or, alternatively, damages for detention; and, Charterer counterclaimed for an erroneous overpayment.

NYPE -- TIME CHARTER -- SPEED AND PERFORMANCE -- BOTTOM FOULING -- RISK UNDER DIRECT CONTINUATION -- STEVEDORE DAMAGE -- Partial Owner Award Under the first trip charter the Vessel was forced to remain at the loadport anchorage for 48 days before sailing to the discharge port. Due to the extended delay, the high temperature waters caused bottom fouling that impacted her performance under two separate charters that were in direct continuation. At issue is whether the Owner breached the performance warranty under both trip charters and who is responsible for the hull cleaning costs.