Asia Marine Pacific Chartering Ltd. v Commercialisadora Columbia S.A. de C.V. (The MV “CS Satira”) – SMA No. 4510 – 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 $228,468.60 arising from the MV CS SATIRA’s April 2022 voyage carrying yellow corn from Convent, Louisiana to Puerto Cabello, Venezuela. The fixture was concluded on an OCEANSLINK GENCON pro forma charter. Although CC initially acknowledged the demurrage invoice, no payment was made. AMPC demanded arbitration in November 2022, but CC failed to respond.

For nearly twenty months, AMPC’s attempts to serve CC under the Hague Convention were unsuccessful until, in September 2024, the U.S. District Court (SDNY) authorized alternative service by email and mail. The tribunal was finalized in February 2025. The arbitration was conducted entirely on written submissions, with CC declining to appear.

AMPC presented the fixture recap, charter party terms, voyage statements, demurrage calculations, and correspondence showing CC’s acknowledgment of liability. The panel determined that CC exceeded laytime at the loading port by 9 days 15 hours, resulting in demurrage of $288,770.70. Efficient discharge at Puerto Cabello earned dispatch of $302.10, which was credited against the total, leaving $288,468.60.

The final award granted AMPC $384,104.69, including $288,468.60 in net demurrage, $66,403.10 in accrued interest, $21,242.99 in legal fees, and $7,990.00 in arbitrators’ fees and expenses. CC was ordered to pay within thirty days, failing which statutory post-judgment interest will accrue on the principal until full satisfaction. The award also required AMPC to advance the arbitrators’ fees through an escrow with the Society of Maritime Arbitrators, with a right to reimbursement from CC plus interest.