Author: Haugen Consulting
BPVOY 4 -- REASONABLE OVERAGE FREIGHT -- EXCESS FREIGHT PAID -- RECOVERY OF OVERPAYMENT -- MISTAKE AT LAW -- Partial Charterer Award
Charterer sought to recover a million dollars of excess freight paid on the Owner’s purportedly miscalculated invoice. At issue is whether freight overage applies for cargo carried in excess of the minimum volume stipulated when the additional port/region was not named in the Overage Section of the contract; and, whether the difference between the amount paid and the correct amount is recoverable at law as a payment made under a mistake.
SUGAR CHARTER PARTY 1999 -- CONTRACT CONSTRUCTION -- FIRE CAUSING TERMINAL BREAKDOWN -- OBLIGATION TO NOMINATE ALTERNATE BERTH -- GOVERNMENT INTERFERENCE DEFINED -- Owner Award
Prior to the Vessel’s arrival at the load berth, a fire destroyed the terminal’s conveyor-belt system and the Vessel was forced to lie at anchorage and await Charterer’s instructions. Owner charged this delay as laytime, however Charterer argued that the inoperable conveyor-belt system should be considered a mechanical breakdown and therefore not count.
BPVOY 3 -- VESSEL DETAINED -- RESTRAINT OF PRINCES -- DEMURRAGE LIABILITY -- FORCE MAJEURE -- Partial Owner Award and FOB Seller Award
Loading operations began without the presence of the required local government representative. The government subsequently revoked the Vessel’s clearance and refused to deliver the Vessel’s departure documents until the Terminal Operator paid a "fine" for her release. Owner claimed demurrage, costs for bunker and water consumption, and additional war insurance premiums. Charterer submitted a 3rd party demurrage liability claim against their FOB Seller.
ASBATANKVOY -- EXTENSION OF LAYDAYS -- DEMURRAGE -- NO RESPONSE FROM CHARTERER -- FAILURE TO NOMINATE ARBITRATOR -- Owner Award
Charterer agreed to a laycan extension when it became clear that the Vessel would be unable to reach the loadport by the cancellation date. After the voyage, Owner submitted a claim for demurrage and Charterer disputed their calculation. Charterer did not respond to any further communication.
PRO-FORMA CHARTERPARTY -- DRAFT RESTRICTION OWING TO EARTHQUAKE -- DEADFREIGHT -- DESPATCH FOR EARLY LOADING -- Partial Charterer Award, Partial Owner Award
An earthquake prior to the voyage changed the dimensions of the load port and the local port authority reduced the draft limit. In order to accommodate this change, the Vessel was forced to shortload her cargo and Owner filed a claim for deadfreight. Charterer counterclaimed for despatch for laytime saved by the Vessel in loading prior to laydays.
NYPE -- SPEED AND CONSUMPTION -- VESSEL UNDERPERFORMANCE -- FAIR WEATHER CLAUSE -- VOYAGES ASSESSED INDIVIDUALLY -- Charterer Award
Charterer withheld hire due to Vessel underperformance in two out of the 17 voyages over the course of the time charter. Based upon the express performance warranty including the phrase "all sea passages" and The Didymi principle, the Vessel’s performance was to be measured for each individual voyage, not over the entire charter.
SYNACOMEX -- "REACHABLE ON ARRIVAL" -- BREACH OWING TO ICE -- DETENTION -- WEATHER WORKING DAYS VS. LAYTIME EXCEPTIONS -- Partial Owner Award
Upon arrival at anchorage the Vessel was delayed 11 days due to ice that prevented her from reaching berth. Owner submitted a claim for detention on the basis that Charterer breached the "always accessible" obligation. Within their decision, the Panel outlines what time counts when a Charterer breaches their “reachable upon arrival” obligation in a charter that defines laytime by weather working days. Furthermore, Owner exercised a lien on the cargo and seeks demurrage compensation for a three-day delay at the disport while awaiting Charterer’s payment of the load port detention claim.
CHARTER CONSTRUCTION -- ADDITIONAL PORT NOMINATION -- NO LAYTIME ALLOWED TO OFFSET TIME COUNTING -- Owner Award
While the Vessel was en route to disport, the parties entered into an agreement to call an additional port, allowed allowed within the fixture, wherein the laytime was to run between the Vessel’s arrival at pilot station until dropping outward pilot. Charterer argued that this Clause was to be calculated in conjunction with the laytime allowance provision. Owner contended that this clause was independent of the other charter party laytime clauses.
COA -- CARBOEX SA -- LOUIS DREYFUS COMMODITIES SUISSE SA -- DEMURRAGE -- AMWELSH -- PORT CONGESTION -- STRIKE -- PUERTO DE FERROL -- SPAIN -- SPANISH -- HAULAGE STRIKE -- INDONESIA -- NOTICE OF READINESS -- Charterer Award
Four vessels under a Contract of Affreightment (COA) experienced delays because of port congestion resulting from a strike that had ended prior to arrival. Charterer claimed that this time should be exempted as delays stemming from a strike, while the Owner argued that this exemption was only applicable if the strike had delayed operations after a given vessel had berthed.
GENCON -- DEMURRAGE RATE -- FORCE MAJEURE -- REVERSIBLE LAYTIME -- CHARTER CONSTRUCTION -- Owner Award
At issue is whether the charter party allowed for reversible laytime due to the deletion of the ‘Non-Reversible’ Laytime Clause in a prior charter incorporated basis "logical alterations". Also, Charterer claimed that Force Majeure was in effect at disport due to prior Hurricanes Gustav and Ike which allegedly caused delays in procuring barges.
