Invista S.A.R.L. v. Stolt Tankers BV (The “Stolt Perseverance”) – SMA No. 4244, 25 Feb 2015

ASBATANKVOY — DAMAGES — COGSA — CARGO CONTAMINATION — BURDEN OF PROOF — PRE-SHIPMENT CONDITION — OWNER’S DUE DILIGENCE TO PREVENT CONTAMINATION — DEMURRAGE — Owner Award

Upon arrival at the discharge port, the Vessel’s onboard cargo was found to be off-spec. The Charterer concluded that the Vessel had caused the contamination and submitted a damages claim. Owner rejected the claim stating that their Vessel had met the cleaning requirements set forth by the Charterer’s surveyors at the load port and submitted a counterclaim for demurrage.