Tagged: Vol. 4 No. 3

Archive / U.S. Maritime Cases

Tropical Product Sales, SA v. Suisse-Outremer Reederei, AG (The “Liberty”) – SMA No. 3382, 18 Aug 1997

VEGOILVOY -- PORT -- CARGO -- CUSTOMS -- SHORE TANK -- CUSTOMS -- Owner Award As is customary discharge procedure for the port, the Owners discharged cargo under customs control. However, the Charterers found the shore tank empty and demanded reimbursement for the improper discharge of cargo to customs officials.
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Palm Shipping Inc. v. Tauber Oil Co. (The “Seraya Spirit”) – SMA No. 3385, 2 Sep 1997

ASBATANKVOY -- BERTH -- DISPORT -- TYPHOON -- ACT OF GOD -- DEMURRAGE -- Owner Award Although the berthing delay at disport was caused by a typhoon, the Owners argue that their claim is valid because the typhoon happened sixteen days before berth. Subsequent changes could have been made to accommodate possible delays.
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Fairy Tale Shipping, Ltd. v. Stolt-Nielsen Parcel Tankers, Inc. (The “Altair”) – SMA No. 3388, 30 Sep 1997

ASBATANKVOY -- CARGO -- LOADPORT -- FIBER GRADE -- CHARTER PARTY -- LAYDAY -- Charterer Award The Vessel was chartered to load a cargo of corn oil at one loadport as well as a fiber grade cargo of ethylene glycol at another. However, the Vessel’s zinc tanks failed numerous inspections for the ethylene glycol and caused the Charterer to cancel the charter party on the grounds that the Vessel was unready to load within the given laydays.
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Botany Bay Parcel Tankers International v. Fiorano Agroindustrial, Ltda. (The “Botany Trader”) – SMA No. 3391, 7 Nov 1997

ASBATANKVOY -- BILL OF LADING -- FREIGHT -- LIEN -- DEMURRAGE -- DISPORT -- Owner Award Because the Bill of Lading was late in arriving, the freight payment due Owners was also delayed. In response, the Owners exercised their posessory lien on the cargo at the discharge port until the freight was paid, thereby accruing demurrage that the Owners’ claim was ultimately faulted by the Charterers.
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Panamerican Tankers, Inc. v. Blystad Shipping (USA), Inc. and Pasternak, Baum & Co., Inc. (The “Diamond Star”) – SMA No. 3396, 12 Dec 1997

VEGOILVOY -- DEMURRAGE -- DISPORT -- PART CARGO -- PIPELINES -- Owner Award The Vessel accrued demurrage at disport because of difficulties discharging a part cargo of semi-refined fish oil. The Owner blamed the Charterers’ cargo for the delay on the grounds that lines connected to the fish oil’s tanks were backed up with sludge and particles while other part cargoes were discharged without delay.
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Blystad Shipping & Trading, Inc. v. Wings Investments, Ltd. (The “Aniara”) – SMA No. 3402, 17 Dec 1997

ASBATANKVOY -- CHARTER PARTY -- TRANSSHIP -- CARGO -- DISPORT -- DEMURRAGE -- Charterer Award This arbitration centered upon disputed language between charter party exception clauses. The Owners had to transship cargo due to ice restrictions to the original disport, a task which the Owners’ claim falls under the language of Clause 14 ("if port … is inaccessible due to ice … any demurrage is responsibility of the Charterer"). But, there is a Transship Clause which states that “Owners have the option to transship the cargo at their own time.”
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