Author: Ashley Dietz

TIME CHARTER – AMENDED NYPE CHARTERPARTY – FINAL HIRE – SPEED AND CONSUMPTION – VESSEL UNDERPERFORMANCE – WHETHER CONSIDERED GOOD WEATHER CONDITIONS – BUNKERS ON REDELIVERY
After Owners claimed against Charterers for the alleged underperformance of the Vessel and failure to redeliver the Vessel to Owners with the correct amount of bunkers. The Tribunal was then left to determine whether the Charterer provided adequate proof to deny any amount due to Owner.

CONTRACT OF AFFREIGHTMENT – FORCE MAJEURE – CLAIMED DAMAGES – CHARTERERS OBLIGATION TO PROVIDE CARGO – “BUT FOR” TEST – COMPENSATORY PRINCIPLE – OWNER’S APPEAL – CHARTERER’S CROSS-APPEAL

After Charterers were found not liable for the damages incurred due to their failure to provide cargo for multiple shipments, Owners then appealed to the Court of Appeal on the damages incurred from the missed shipments whilst Charterers cross-appealed on their liability to provide the cargoes basis the agreed force majeure clause.

TIME CHARTER – OFF-HIRE – WHETHER ANCHOR FOULED – VESSEL SEAWORTHINESS – DELAY TO BERTH
After receiving the berthing orders from Charterer, the time-chartered Vessel was unable to raise its anchor and proceed to berth for a limited period of time. Charterers then claimed that during this delay to berth that the Vessel was off hire. Owner claimed against Charterer for the unpaid hire/ damages, whilst Charterers denied liability and submitted a counterclaim against the Owner.