Seatrans Ermefer Tankers v. DuPont de Nemours & Co. (The “Trans Iberia”) – SMA No. 4080, 11 Jun 2010

ASBATANKVOY -- PRODUCTION PROBLEM -- INABILITY TO PROVIDE CARGO -- FORCE MAJEURE -- DEADFREIGHT -- Owner Award When problems in the plant caused the supplier to fail to provide a cargo of CAN, Charterer notified Owner and attempted to locate an alternative supply. A week later when it was apparent additional cargo would not be located, Charterer formally declared force majeure. In awarding Owner deadfreight, the Panel majority held that Charterer had failed to promptly provide the force majeure notice, failed to alert Owner as to the extent or duration of the delay (as contractually required), and failed to prevent or minimize the effects of the force majeure event.