Author: Kathleen Haugen

Archive / U.S. Maritime Cases

Mountain Blossom, SMA No. 3067SP. (ASBATANKVOY, ref. Clauses 6 & 9, Part II)

The Charterer's nominated berth was occupied upon the Vessel's arrival and 4H after tendering NOR, the Port Authority closed the channel due to fog and thereby prohibiting the berthed vessel to leave. The Owner argued that the Charterer had breached the Charter Party clause stipulating a berth reachable upon arrival and claimed the delays as laytime.
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Lagoven Paria, SMA No. 3052. (ASBATANKVOY, ref. Clause 9, Part II)

The Owner's Pilot gave the Master erroneous information stating that the Vessel was unable to berth due to the channel's restrictive width. Upon further investigation, the Master deemed the Vessel capable of proceeding from anchorage and the Owner subsequently claimed these delays as demurrage.
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Gogo Regal, SMA No. 3093. (ASBA II, ref. Clause 7a)

When the cast iron Vessel arrived at loadport, the loading terminal prohibited its berthing basis the Vessel's poor condition and non-stainless steel manifold. So the Vessel was forced to load at anchorage by barge, thereby putting the Vessel on demurrage. And upon Vessel arrival at disport, the inspection revealed that the cargo was off-color for which the despondent receivers arrested the Vessel.
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Francesca Foresi, SMA No. 3080. (ASBATANKVOY, ref. Clause 18)

The Owners began arbitration to recover losses incurred by two separate instances of demurrage over the course of the Vessel"'"s chartered voyage. At loadport, the Vessel was forced to wait an additional four days to berth, and upon berthing, failed tank inspection and had to be cleaned for an extra six days. And at disport, daytime-restricted unloading to trucks caused further delays for the Vessel.
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