Bergensbanken ASA v. Old World Industries, Inc. (The “Lady Jannicke”) – SMA No. 3620, 9 May 2000

ASBATANKVOY -- CHARTER PARTY -- CARGO -- BERTH -- LIGHTERING -- LAYTIME -- Charterer Award As arranged in the charter party, the Vessel lightered 2,100 mt of the Charterers’ cargo and waited for a free berth to discharge the rest. But while waiting, the Vessel began lightering a different charterer’s part cargo and missed its chance to berth and unload. The Charterers argue that the resulting excess time at port was the result of the Owners’ decision to fulfill another cargo interest and should not count as laytime.