Bergesen DY ASA v. Bayoil SA (The “Berge Bragd”) – SMA No. 3478, 3 Nov 1998

ASBATANKVOY — DISPORT — BUNKER — DEMURRAGE — Partial Owner Award

Because of the falling market prices for oil, the Charterer ordered the Vessel to proceed directly to disport after loading and to exercise a “high speed” option that would make her minimum speed 15 knots. However, without a clear discharge program, the Owner decided to divert the Vessel in order to re-stock bunkers. And when billed for the subsequent demurrage and high speed premium, the Charterers refused to pay and counterclaimed for lost profits from a delayed delivery.