Tendering a valid NOR for Oiltanking Texas City just got a little harder to do thanks to a recent change of policy for the 555,000 cbm storage facility. On Wednesday, 13-Jan-2016 an Oiltanking representative released a new “Oiltanking Texas City’s ‘NOR’ Acceptance Procedure” that is in direct opposition to the current NOR tender policy for the Houston / Texas City area.
ASBATANKVOY – STS TRANSFER - CONTAMINATED CARGO – HAGUE VISBY & COGSA - BURDEN OF PROOF – DEMURRAGE - FAULT OF THE VESSEL - TIME-BAR – Charterer Award The vessel was loading LPG via a ship-to-ship transfer when it was discovered that the cargo she had loaded was contaminated by moisture. Both the charterer and the owner held each other responsible for the burden of proof. The dispute was over who was liable for the damages due to the contamination and if demurrage, detention and deviation were to be incurred. And if incurred, whether owner’s claims for same were time-barred.
SHELLVOY 5 – PUMP WARRANTY – PERFORMANCE OR CAPABILITY – PUNITIVE - DEMURRAGE – Owner award This dispute revolved around whether the pump warranty was breached during the discharge of crude oil. The owner submitted its demurrage claim with the belief that the pump warranty had been met. Charterer however contended that the vessel had not met its requirements and thus excess pump time should be deducted from time counting.
PANAMA CANAL DRAFT RESTRICTIONS… The Panama Canal Authority has been closely monitoring the water levels of lakes Gatun and Alhajuela in order to determine if draft restrictions are to be needed as a result of an “El Nino” weather event. This weather phenomenon typically results in a reduction in rainfall in the area, causing the water levels of lakes Gatun and Alhajuela to fall below average levels. The Panama Canal has prepared a daily adjusted short and long range forecast in order to predict lake water levels. If it is determined that draft restrictions are necessary the appropriate parties will...
ASBATANKVOY – PARTIAL FINAL AWARD – PARTIAL DEMURRAGE COLLECTION -- DELAYS AT OTHER PORTS EXTENDING FROM COLLISION AND REPAIRS – Owner Award Due to a collision in port Owner was required to repair the Vessel. Because of the delay the Owners contended that they should receive partial demurrage payment for the period after the collision. Charterer believed that a full hearing covering the entire voyage should be concluded before judgement can be passed on the demurrage from any single part of the voyage.
GENCON – LENGTHY LOAD PORT DELAYS – DEMURRAGE -- VALIDITY OF BILLS OF LADING – CARGO LIEN – Owner Award In this dispute significant load port delays led to the Owner and Charterer negotiating an addendum including supplemental compensation. Charterer did not establish a line of credit on time with Owner subsequently deeming the Charterer’s agents’ bills of lading invalid and exercised a lien on the cargo for the outstanding demurrage.
SUEZ CANAL . . . The new Suez Canal which is due to open on 6 August 2015 will increase the capacity of the existing canal allowing ships to pass north and south concurrently. The long term goal is to increase the daily average of transiting vessels from 49 ships presently to 97 ships by the year 2023, and increase the permissible draft to 66 feet. The waiting time is expected to be shortened to three hours (as opposed to the current 8-11 hours) and transit time will be cut to 11 hours (instead of 18-22 hours). www.suezcanal.gov.eg/nc.aspx PANAMA CANAL...
BPVOY4 -- DEMURRAGE -- TIME BAR -- FREE PRATIQUE -- WHETHER ALL SUPPORTING DOCUMENTATION PRESENTED WITH CLAIM -- Charterer Award This dispute concerns demurrage incurred due to delays at both ports of loading and discharge. Certain documents required by the charterparty, based on the BPVOY4 form, had not been submitted within the 90-day limit and Charterers were attempting a time bar defense.
FORCE MAJEURE -- LOADING OF BAUXITE CAUSING UNAVOIDABLE DUST -- SUSPENSION OF LOADING ORDERED BY PORT AUTHORITY -- WHETHER CHARTERERS LIABLE FOR DELAY -- Owner Award This dispute arose under a contract of carriage of a sepiolite cargo from “1-2 load berth chop always afloat Santander” to a UK port. Charterer asserted that the force majeure clause in the governing contract denied any Owner’s claim in the form of demurrage, or alternatively, damages, as a result of delays caused by the port authority’s suspension of loading operations.
EMISSIONS REGULATIONS . . . Hong Kong has announced that its emissions regulations for ocean going vessels will be ready to take effect from July 1, 2015. The regulation requires fuel sulfur content not to exceed 0.5 percent while at berth in Hong Kong (except during the first hour after arrival and the last hour before departure). Breach of this regulation will result in a $25,000 fine and six month jail term for owners and masters. Records of fuel switching must be maintained for three years. On 1 January 2015, MARPOL Annex VI, Regulation 14.3.4 came into effect, lowering fuel...