Castleton Commodities Shipping Co. Pte. v Vulica Shipping Ltd. – SMA 4287, 16 Sep 2016
BIMCO OREVOY VOYAGE CHARTER – VESSEL UNABLE TO LIFT MINIMUM QUANTITY – OWNER CLAIMS FORCE MAJEURE – CHARTERER REPUDIATES CHARTER AND CHARTERS SUBSTITUTE VESSEL
A vessel arrived at the load port with a portion of her previous cargo frozen to the inside of her hold. After owner failed to secure a substitute vessel charterer terminated the charter and fixed its own sub. Charterer’s claim for damages was denied by owner who presented a counterclaim basis what owner believed to be charterer’s wrongful repudiation of the charter party.
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