Author: Brendan Hoffman

Archive / U.S. Maritime Cases

Ellin E.N.E c/o Nereus Shipping v Castleton Commodities Shipping Co. Pte. Ltd. and Phillips 66 Company (The M/V “Romantic”) – SMA 4299, 11 Jan 2017

BPVOY4 - "ALL INCLUSIVE" FREIGHT COVERING ALL COSTS OF VOYAGE - RIVER BERTH REQUIRING STANDBY TUGS Afforded a range of ports within the fixture recap, Charterer directed the Vessel to a river berth wherein due to high current, standby tugs were required. Owner claimed the cost of the standby tugs from Charterer. Charterer pointed to freight being “ALL INCLUSIVE” and thus covering all costs of the voyage inclusive of standby tugs.
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Archive / English Maritime Cases

London Arbitration 7/17

INTERIM PORT CALL FOR CUSTOMS REQUIREMENT BEFORE AND AFTER DISCHARGE - DEVIATION - BUNKER COSTS - DEMURRAGE When the vessel was required to attend a port prior to and after the disport for customs reasons, owner charged the transit times from and to the interim port, the time in the interim port, and extra bunkers consumed. The charterer rejected owner’s claim under the auspices that the interim port calls were “beyond charterer’s control”.
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Archive / U.S. Maritime Cases

Star Tankers, Inc. v. Chevron Marine Ltd. (The “SN Federica”) – SMA No. 4289, 23 Sep 2016

ASBATANKVOY - DEMURRAGE - NOR VALIDITY - EXPEDITE INSPECTION - SUBSTANTIAL READINESS – “ROOT CAUSE” PRINCIPLE Nearly 38 days after the tender of NOR, charterer inspected and subsequently directed the vessel to repair its anchor chain prior to berthing. The repair took 3 days. Charterer subsequently claimed that as the vessel was not ready the NOR was invalid with the 38 days for Owner’s account.
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Archive / Maritime Articles

BPVOY5 Has Arrived…

As of 21 March 2016, BP Shipping Ltd. has released BPVOY5; the long-awaited successor to the 1998 BPVOY4 charter party. There have been quite a few changes made to the 18-year-old boilerplate. Most of these changes, however, are essentially updates to outdated language and none seem to be especially onerous. Here are a few that stuck out to us (both inside demurrage and out).
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Archive / English Maritime Cases

London Arbitration 17/15

NYPE – TIME CHARTER – IFO HS RE-DELIVERY VALUE This arbitration award dealt with six issues yet only one is pertinent to TANKVOYager.  Specifically, after the completion of the voyage, the Vessel was redelivered to the Owner with 272 MT IFO HS that the Charterer had purchased.  The Charterer argued that they should be reimbursed for the bunkers at the charter party rate whereas the Owner claimed the bunkers should be priced at the market rate at the redelivery location. [dropcap]P[/dropcap]rior to redelivery the master had requested 450 MT of IFO HS, and although questioning whether this was too much, Charterer...
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Archive / English Maritime Cases

Freight Connect (S) Pte Ltd v. Paragon Shipping Pte Ltd.- SGCA (Singapore Court of Appeal), 31 July 2015

GENCON - BERTH OR PORT CHARTER PARTY- VALIDITY OF NOTICE OF READINESS- DETENTION- INDEMNITY When owner’s vessel was due to be late, a replacement vessel was provided by owner and agreed to by charterer. The panel was tasked with determining whether the replacement vessel was just that or whether a new fixture had been agreed to, whether this new fixture was a port charter or a berth charter, and when the vessel was considered to be an arrived ship. Additionally, claims for detention and indemnity were addressed.
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Archive / U.S. Maritime Cases

Trammochem Asia Pte Ltd. and Trammochem AG v. Desert Orchid Shipping Pte Ltd. (The “LPG/Desert Orchid”) – SMA No. 4253, 10 April 2015

ASBATANKVOY – STS TRANSFER - CONTAMINATED CARGO – HAGUE VISBY & COGSA - BURDEN OF PROOF – DEMURRAGE - FAULT OF THE VESSEL - TIME-BAR – Charterer Award The vessel was loading LPG via a ship-to-ship transfer when it was discovered that the cargo she had loaded was contaminated by moisture. Both the charterer and the owner held each other responsible for the burden of proof. The dispute was over who was liable for the damages due to the contamination and if demurrage, detention and deviation were to be incurred. And if incurred, whether owner’s claims for same were time-barred.
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Archive / English Maritime Cases

London Arbitration 13/15

SHELLVOY 5 – PUMP WARRANTY – PERFORMANCE OR CAPABILITY – PUNITIVE - DEMURRAGE – Owner award This dispute revolved around whether the pump warranty was breached during the discharge of crude oil. The owner submitted its demurrage claim with the belief that the pump warranty had been met. Charterer however contended that the vessel had not met its requirements and thus excess pump time should be deducted from time counting.
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Archive / English Maritime Cases

London Arbitration 14/15

GENCON 76 - DUNNAGE: OWNER’S OR CHARTERER’S RESPONSIBILITY - NOTICE OF READINESS - COMMENCEMENT OF LAYTIME - DEMURRAGE - DETENTION - Charterer award A cargo of steel H-beams were to be loaded on top of a previously loaded part cargo of rebar. Charterer and Owner could not agree as to which party should be responsible for costs and time associated with building a false deck, whether the vessel’s NOR was valid, and thus when laytime commenced counting.
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