American Eagle Tankers Inc., Ltd. v. Basis Petroleum, Inc. And Blue Circled Shipping Co., Ltd. (The “Bregen”) – SMA No. 3537, 8 Jun 1999

ASBATANKVOY — VALVE — DISPONENT — LIGHTERING — BERTH — DISPORT — NOR — PORT — DEMURRAGE — CHARTER PARTY — SEAWORTHINESS — DUE DILIGENCE — Owner Award

Due to a valve malfunction, the Disponent Owners’ nominated lightering Vessel missed her berth call at disport and was forced to re-tender NOR. The Owners then argued that the delays incurred at port were beyond their control and likewise defined as demurrage by the charter. But the Sub-Charterers refused their claim per Vessel unseaworthiness and lack of Owners’ due diligence.