Author: Blaire Hoffman

AMWELSH – DEMURRAGE – NON PARTICIPATION Nippon Yusen Kabushiki Kaisha (“NYK”) sought demurrage of $54,928.39, plus interest, attorneys’ fees, and costs from XCoal Energy & Resources (“XCoal”) under a voyage charter dated July 6, 2024, for the carriage of bulk coal from Baltimore, Maryland to China. The charter incorporated the Amwelsh Charter Party form and rider clauses. The vessel completed discharge at Rizhao, China, on October 16, 2024. Laytime ran from October 17, totaling 4 days, 18 hours, and 48 minutes, exceeding the allowed 3 days, 6 hours, and 12 minutes, resulting in demurrage of $38,125. The vessel then proceeded...

AMWELSH – DEMURRAGE – NON PARTICIPATION Nippon Yusen Kabushiki Kaisha (“NYK”) sought recovery of demurrage of $36,374.61, plus interest, attorneys’ fees, and costs from XCoal Energy & Resources (“XCoal”) under a voyage charter dated June 11, 2024, for the carriage of coal from Norfolk, Virginia to China. The charter incorporated the Amwelsh Charter Party form and rider clauses. The vessel completed discharge at Pohang, China, on October 22, 2024. Laytime ran for 4 days, 8 hours, and 41 minutes, exceeding the allowed 3 days, 4 hours, and 31 minutes. The resulting demurrage, calculated at $32,500 per day, amounted to $37,307.29,...

NYPE – TIME CHARTER – SPEED AND CONSUMPTION – NOON REPORTS – ABOUT – NO EXTRAPOLATIONS This dispute arose under a trip time charter on an amended NYPE 1946 form between claimant owners and respondent charterers. The owners claimed US$160,407.16 allegedly due under their final hire statement, while the charterers denied liability and asserted a right of set-off based on alleged underperformance of the vessel. The recap incorporated key performance warranties. The vessel was described as capable of: “ABT 14.00 KNOTS (L) ON ABT 35.00 MT IFO/DAY + ABT 0.10 MT MDO/DAY” This performance was expressly qualified by defined environmental...