Westport Petroleum, Inc. v. Tesoro Far East Maritime Co. (The “Chang Han Tan Suo”) – SMA No. 4070, 2 Apr 2010

EXXONMOBILVOY 2000 -- DRAFT RESTRICTIONS -- LIGHTERAGE EXPENSES -- PROMISE TO PAY -- SAFE BERTH -- TIME BAR -- Charterer Award The Master was instructed to load the Vessel to meet a brackish water draft to safely transit the channel in the discharge port, but used an incorrect factor to make his calculations. On arrival, the Vessel's draft was too deep and she had to be lightered in order to proceed to the discharge berth. The Panel was asked to determine whether the discharge berth was a "safe berth" and decide which party was responsible for lighterage delays and costs. This dispute also addressed whether a late-presented claim could be time-barred considering the respondent had initially promised to pay.