Author: Brendan Hoffman

Archive / English Maritime Cases

London Arbitration 20/17

TIME CHARTER – NYPE – DURATION – OPTION TO EXTEND

Basis verbiage in a pro forma recap, charterer argued for a 15 days extension of the time charter.  Owner disagreed that an extension was due, pointing to the ultimate recap which did not reference the extension.

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Archive / U.S. Maritime Cases

Wagenborg Shipping v. Rain CII Carbon (The “Azoresborg”) – SMA 4314, 17 May 2017

AMWELSH – CANCELLED / REPUDIATED CHARTER PARTY – MITIGATED LOSSES – BALLAST VOYAGE – SUBSTITUTE EMPLOYMENT – POSITIONING VOYAGE

Upon cancelling the charter party during loading Charterer instructed Owner to mitigate losses by seeking other cargos. Owner repositioned the original vessel and had a sister ship sail a ballast voyage to the delivery location of the follow on time charter of the original ship.  Owner claimed for lost income and bunker costs due to repositioning.

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Archive / U.S. Maritime Cases

Agathonissos Special Maritime Enterprise v. ST Shipping & Transport PTE, Ltd. (The “Aganthonissos”) – SMA 4315, 31 May 2017

ASBATANKVOY – COLLISION – ALLISION – SHIP TO SHIP (STS) – SAFE BERTHING / SHIFTING – GENERAL EXCEPTIONS – CONTRIBUTORY NEGLIGENCE – SEAWORTHY – INCOMPETENCE – LANGUAGE BARRIER – DEMURRAGE – DAMAGES

Prior to a Ship to Ship Transfer a supply boat collided with the tanker (“Agathonissos”) it was sent to support.  The Agathonissos subsequently was delayed in lightering the vessel to be lightered (VTBL) which, being needed elsewhere, lightered to a replacement lightering tanker.  The replacement lightering tanker eventually lightering to the Agathonissos after the Agathonissos was repaired.  The owner of the Agathonissos alleged the supply vessel was unseaworthy due to its crew and held the Agathonissos’s charterer liable.  The charterer alleged the same of the Agathonissos.  Charterer also attempted to rely upon clauses 6 and 7 of ASBATANKVOY to deduct time from counting.  Owner pointed to two clauses in the C/P, Clauses 9 and 19 of ASBATANKVOY, within which the charterer assumes the risk and peril of a lightering and neither party is to be held liable under certain circumstances.

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Archive / English Maritime Cases

London Arbitration 15/17

NYPE – CRANE BREAKDOWN – OFF HIRE – LASHING MATERIALS – SHORE CRANE HIRE – BURDEN OF PROOF – PROVISION OF ORIGINAL INVOICES VERSUS PDF’s When one of the Vessel’s cranes couldn’t be used, charterer asserted the vessel was off hire and claimed for costs.  Owner countered that as no time was lost the vessel...

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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...

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