America Metals Trading, LLP v. Phoenix Bulk Carriers, Ltd. (The “Captain P. Egglezos”) – SMA No. 4201, 25 Feb 2013

GENCON -- CONDITION OF PERFORMANCE -- ADDITIONAL FREIGHT FOR REPLACEMENT VESSELS -- Owner Award Charterer seeks compensation for the freight differential paid on substitute tonnage when the Owner failed to perform in their obligation to nominate two vessels as required in the charter party. Conversely, Owner counters that due to cargo issues (railcar allocation, export documentation, etc.) and berth operational issues, the Charterer would not have been able to supply the cargo even if the Owner complied with the Vessel nominations.