Category: Current

NORGRAIN FORM - CHANGE OF PORTS – CHANGE IN FREIGHT DUE TO CHANGE OF PORTS - DESPATCH TERMS – DO LOCAL PUBLIC HOLIDAYS COUNT FOR LAYTIME PURPOSES A vessel chartered under an amended Norgrain agreement was to transport dense grains from Paranagua, Brazil, to China. The discharge points were initially Zhoushan and Taixing but were later changed to Tianjin. Disputes arose over outstanding freight charges and despatch claims.

TIME CHARTER – NYPE FORM – BUNKERS UPON REDELIVERY – SPEED AND CONSUMPTION CLAIM – WEATHER ROUTING COMPANY – ALLEGED ADDITIONAL / UNAUTHORIZED PORT CALL In a time charter dispute based on an amended NYPE 1946 form, Owners claimed a balance of hire for $79,103.27, while Charterers denied responsibility and counterclaimed for $100,000, alleging the vessel had traveled an extra 250 miles and did not meet speed and consumption warranties.

FORCE MAJEURE - “LAWSUIT” DEFINITION – TIME-BARRED CLAIMS – TIME-CLAUSE – AGREEMENTS ON CHARTER – ARBITRATION In March 2022, a vessel sustained propeller damage on the way to its first load port, leading to the charter party cancellation through force majeure.  Charterers did not initiate arbitration proceedings until over a year later in April 2023. The dispute focused on whether arbitration proceedings were time-barred. Charterers contended that the one-year time bar did not apply due to circumstances surrounding the voyage's cancellation.  

TIME CHARTER – INTER-CLUB AGREEMENT – DISCHARGE TO THREE RECEIVERS - CARGO SHORTAGE – OVER DISCHARGE – DETAINED BY RECEIVERS – OFF HIRE – REIMBURSEMENT OF CREW BONUS FOR DANGEROUS WATERS Disputes in a wheat transport time charter from Ukraine to East Africa involved cargo shortage claims, off-hire due to port delays, and crew bonus issues under an amended NYPE 1946 form. Owners sought $2278K in unpaid hire fees, while charterers counterclaimed for $31K.

TIME CHARTER – NYPE 93 FORM – FAILURE TO TENDER NOR FOR FIVE DAYS – DELAY TO TENDER NOR - LIABILITY OF OWNERS FOR DEMURRAGE NOT EARNED UNDER SUB-CHARTER - CLAUSE 8 – NEGLIGENCE OF AGENTS – DEMURRAGE On a voyage chartered under an amended NYPE 93 form, a dispute arose due to the master's delayed submission of the Notice of Readiness (NOR), leading sub-charterers to contest the commencement of demurrage. Owners contended that the delay was neither deliberate nor negligent, attributing any loss to negligence on the part of the Charterers' agents. Charterers argued that the master's failure constituted a breach of contract and negligence.

APPEAL – US SANCTIONS – CONTRACT OF AFFREIGHTMENT – FORCE MAJEURE AFFECTING DELAY IN LOADING AND DISCHARGE – REASONABLE ENDEAVORS – DOLLAR PAYMENTS REQUIRED BY THE CONTRACT – OFFER TO PAY IN EUROS – OVERCOMING SANCTIONS MUR Shipping sought to overturn a previous decision by the Court of Appeal by focusing on a force majeure clause in their contract with RTI. MUR invoked force majeure due to US sanctions preventing payments in dollars. The appeal examined contractual clarity, contractual rights, and the application of force majeure clauses.