Agathonissos Special Maritime Enterprise v. ST Shipping & Transport PTE, Ltd. (The “Aganthonissos”) – SMA 4315, 31 May 2017

ASBATANKVOY - COLLISION - ALLISION - SHIP TO SHIP (STS) - SAFE BERTHING / SHIFTING - GENERAL EXCEPTIONS - CONTRIBUTORY NEGLIGENCE - SEAWORTHY - INCOMPETENCE - LANGUAGE BARRIER - DEMURRAGE - DAMAGES Prior to a Ship to Ship Transfer a supply boat collided with the tanker (“Agathonissos”) it was sent to support.  The Agathonissos subsequently was delayed in lightering the vessel to be lightered (VTBL) which, being needed elsewhere, lightered to a replacement lightering tanker.  The replacement lightering tanker eventually lightering to the Agathonissos after the Agathonissos was repaired.  The owner of the Agathonissos alleged the supply vessel was unseaworthy due to its crew and held the Agathonissos’s charterer liable.  The charterer alleged the same of the Agathonissos.  Charterer also attempted to rely upon clauses 6 and 7 of ASBATANKVOY to deduct time from counting.  Owner pointed to two clauses in the C/P, Clauses 9 and 19 of ASBATANKVOY, within which the charterer assumes the risk and peril of a lightering and neither party is to be held liable under certain circumstances.