Category: Current

DUE DILIGENCE – SAFE PORT SAFE BERTH WARRANTY – OIL SPILL – THIRD PARTY DAMAGES – SINGLE-POINT MOORING BUOY – PARTIAL FINAL AWARD Owner claimed against Charterer for hire and indemnity from a pollution incident during discharging operations. The basis of the Owner’s claim was the Charterer failed to exercise due diligence in nominating a safe berth. This partial final award determined the result of the indemnity claim. nder a time charter party on the Shelltime form with amendments, LR Mimosa Limited (hereinafter, “Owner”) entered into a charter of the M/T MIMOSA (hereinafter, “Vessel”) with Panamax International Shipping Company (hereinafter,...

PARTIAL FINAL AWARD – TIME BAR – HAGUE-VISBY RULES – COGSA – TRANSSHIPMENT – INDEMNITY – WHETHER CLAIM WAS RELATED TO CARGO DAMAGES OR INDEMNITY – UNSEAWORTHY Under a voyage charter the vessel became disabled whilst proceeding to the discharge port. Charterer incurred costs relating to salvage and transshipment of the cargo and claimed the amounts from the Owner and disponent owner. Owner contended that the claims were time-barred under COGSA and the Hague Rules. DM International Sarl (hereinafter, “ADMI”) claimed against FEDNAV International Ltd. (hereinafter, “FEDNAV”) and Reederei M. Lauterjung GmbH and Co. (hereinafter, “Owner”) for a dispute involving...

DEMURRAGE – AMENDED FINAL AWARD – NO OBJECTION TO CLAIM – NO RESPONSE FROM RESPONDENT Owner initiated arbitration proceedings against Charterer over an unpaid demurrage amount. Charterer issued no response or objection to the claim. BC Chartering Carriers GmbH Co. KG (hereinafter, “Owner”) claimed the demurrage balance from The Shopping Metal USA, Inc. (hereinafter, “Charterer”) after the Charterer failed to pay the outstanding balance within the time allocated by the charter party under the Gencon form. The demurrage amount in question totaled $13,265.62. Under the provisions of the charter party the dispute was to be conducted using the Shortened Arbitration...

DEMURRAGE – LATE PAYMENT – SOLE ARBITRATOR – RESPONDENT FAILED TO RESPOND TO CLAIMS Keytrade Africa SA claimed for demurrage and interests on late payments against Asbita Sarl when they failed to submit payment before the date specified in their Settlement Agreement. eytrade Africa SA (hereinafter, “Keytrade”) entered into an Assignment Agreement with Keytrade AG wherein they took all rights and obligations from Keytrade AG to pursue a claim against Asbita Sarl (hereinafter, “Asbita”) for demurrage with respect to two voyages. The claims were the result of late demurrage payments and interests accrued during the discharging operations of the two...