INTERIM PORT CALL FOR CUSTOMS REQUIREMENT BEFORE AND AFTER DISCHARGE - DEVIATION - BUNKER COSTS - DEMURRAGE When the vessel was required to attend a port prior to and after the disport for customs reasons, owner charged the transit times from and to the interim port, the time in the interim port, and extra bunkers consumed. The charterer rejected owner’s claim under the auspices that the interim port calls were “beyond charterer’s control”.
CHARTER PARTY - SPECIFIC DISCHARGE PORT PROVISIONS - DEMURRAGE COP - DISPUTE OVER “ALWAYS ACCESSIBLE” PROVISION - DEMURRAGE AND DETENTION IN QUESTION After the vessel arrived at the disport, a port strike coupled with low berthing priority status caused extensive delays. The owners argued that charterers had not met their responsibility of providing a berth that was “always accessible” and sought to claim reimbursement for this delay as detention, or alternatively, demurrage.
DISPONENT OWNER TERMINATING TIME CHARTER FOR CHARTERER’S FAILURE TO PAY HIRE - WITHOUT PREJUDICE PRIVILEGE - WHETHER PARTIES IN DISPUTE - WHETHER OWNER WAIVED CHARTERER’S BREACH - IMPOSSIBILITY OF PERFORMANCE DEFENSE - MEASURE OF DAMAGES With the subject vessel out on time charter disponent owner was not receiving hire from charterer. As funds were not passed from disponent owner to head owner, head owner terminated the head charter and disponent owner in turn cancelled the charter with charterer. The panel was tasked at determining whether prior settlement discussions between the parties should be admissible or protected by privilege. Further, the panel would need to determine whether owner had waived charterer’s breaches and then whether or not to award damages.
NYPE 1993 TIME CHARTERS - FAILURE TO PAY HIRE - WITHDRAWAL OF VESSEL FROM LONG TERM TIME CHARTER - WHETHER PUNCTUAL HIRE PAYMENTS A CONDITION OF THE CHARTER - WHETHER CHARTERER IN RENUNCIATORY BREACH While on separate time charters owner withdrew three vessels from service due to charterer’s failure to pay hire in accordance with the contracts. Owner brought arbitration against the charterer. However, shortly before the hearing the charterer was liquified and the proceedings stayed. The present case involves the charterer’s parent company, as guarantor.
GENCON – DEMURRAGE/DESPATCH – CAN USED LAYTIME BE PRO-RATED BASIS THE NUMBER OF HATCHES WORKED – DID A WEATHER DELAY OCCUR – DID CHARTER JUSTIFY DEDUCTIONS DURING NIGHTTIME Regarding demurrage incurred, the charterer believed that the used laytime needed to be pro-rated basis the amount of hatches being worked at any given time. Additionally, the charterer requested deductions for bad weather and the times the ship was not working during nighttime hours. The owner disagreed with these points, and took the case to arbitration.
BALTIMORE FORM C BERTH GRAIN VOYAGE CHARTER – CARGO SHORT LOADED - BUYER DEMANDS DISCOUNT FROM CHARTERER AFFILIATED SELLER – CHARTERER CLAIMS DAMAGES IN THE FORM OF THE DISCOUNT FROM OWNER – WHETHER DISCOUNT REPRESENTATIVE OF DAMAGES - WHETHER CHARTERER EVEN LIABLE FOR LOSSES After a vessel was short loaded, the charterer affiliated seller had to sell the cargo at a discount due to buyer’s demands. The charterer then claimed damages from the owner in the form of the discount, arguing that the vessel was at fault for the short load. The owner rejected this, and the charterer brought the case to arbitration.
TIME CHARTER – HOLD INSPECTION FAILED – WHETHER DELAY IN RE-BERTHING AFTER HOLDS CLEANED AND PASSED INSPECTION OFF HIRE Upon arrival at the load port, the vessel’s holds failed inspection. After the holds were cleaned, the vessel was re-entered into the berthing queue. Charterer claimed the second delay in berthing was due to the holds failing inspection whereas owner claimed it was due to berth congestion.
TIME CHARTER - VESSEL FAILED SPEED WARRANTY DUE TO FOULING, ITSELF RESULTING FROM A PROLONGED WAIT IN TROPICAL WATERS - WHETHER FAILURE TO MAINTAIN SPEED THE RESULT OF COMPLIANCE WITH CHARTERER'S ORDERS Due to an underperformance caused by fouling on the Vessel, itself caused by extended stay in tropical waters as ordered by charterer, charterer claimed off hire. Owner countered stating the underperformance resulted from compliance with the charterer’s orders.
TIME CHARTER – PIRACY CLAUSE – OWNER TAKES SHORTEST ROUTE THROUGH DANGEROUS WATERS - ADDED SECURITY AND INSURANCE OBTAINED – CHARTERER CLAIMS THEIR PROVIDED ROUTE WAS SAFE – OWNER REQUESTS REIMBURSEMENT FOR COSTS A vessel was chartered to conduct a voyage from New Orleans to India. The Owner of the vessel traveled the shortest route possible, through a high piracy risk area, ignoring the Charterer’s order to proceed via a safer route. The Owner supported their decision by saying that it saved on steaming and bunker costs, and claimed reimbursement for insurance and the extra security obtained.
NORGRAIN 89 – HOLDS REJECTED – NOR RE-TENDERED AFTER LAYCAN – LAYCAN EXTENSION AGREED TO SUBJECT TO OWNER ACCEPTING CARRYING CHARGES – OWNER DID NOT RESPOND TO CHARTERER’S EXTENSION REQUIREMENT - OWNER CLAIMED DEMURRAGE – CHARTERER CLAIMED FOR CARRYING CHARGES With a prior NOR being deemed invalid due to holds being rejected, the vessel tendering NOR after the laycan but within a laycan extension. The Charterer stated the laycan extension was amenable subject to carrying charges being for owner’s account. Owner was silent when confronted with this requirement. Upon completion of the voyage, the owner claimed demurrage. The charterer rejected this claim, and counterclaimed for carrying charges.