Asia Marine Pacific Chartering Ltd. v Commercialisadora Columbia S.A. de C.V. (The “Amalia”) – SMA No. 4509 – 16 June 2025

Asia Marine Pacific Chartering Ltd. (hereinafter, “AMPC”) brought arbitration against Commercialisadora Columbia S.A. de C.V. (hereinafter, “CC”) for unpaid demurrage of $444,198.88 arising from the MV AMALEA’s March 2022 voyage carrying corn from Mexico to Guatemala under an OCEANSLINK GENCON charter. Although CC initially acknowledged the invoice, it made no payment. AMPC demanded arbitration in November 2022, but CC failed to participate.

For nearly twenty months, AMPC struggled to serve CC under the Hague Convention until the U.S. District Court for the Southern District of New York authorized alternative service in September 2024. With service completed, the panel was finalized in February 2025. The arbitration proceeded entirely on documents, as CC remained absent.

AMPC submitted voyage statements, demurrage calculations, email exchanges evidencing CC’s agreement to the invoice, and filings supporting legal fees. The panel upheld $39,656.25 in demurrage at the loading port but corrected an overstatement at the discharge port, awarding $385,024.70 instead of the higher figure claimed. The total confirmed demurrage was $424,680.95.

The final award granted AMPC $566,461.31, including demurrage, pre-award interest, legal fees, and arbitrators’ expenses. CC was ordered to pay within thirty days, failing which statutory post-judgment interest will accrue until satisfaction. The award also requires AMPC to advance arbitrators’ fees, with reimbursement recoverable from CC together with interest.