USS Chartering LLC v. Vitol, Inc. (The “ITB Baltimore”) – SMA No. 4099, 10 Nov 2010

ASBATANKVOY -- WRONGFUL CANCELLATION OF CHARTER PARTY -- PROCEED WITH UTMOST DISPATCH -- ETAs -- CONTRIBUTORY BREACH AND EQUITABLE REMEDY -- Partial Owner Award With a two port load option, San Francisco or Los Angeles, and a strict laycan to lift cargo prior to year-end (to avoid shoreside inventory taxes), Vessel initially commenced sailing in an indirect direction. Eventually, en-route to the U.S. West Coast Charterer nominated SF as the load port only to have the Vessel’s ETA begin slipping. Fearing a late arrival and the loss of the FOB purchased cargo, Charterer directed the Vessel to LA. Given that the intended load port had been changed it becomes apparent that the laycan will be missed whereas, weather permitting, she would have made the laycan had the load port remained SF. Charterer canceled the Charter and Owner subsequently claimed for damages basis an alleged wrongful cancellation.