Category: Current

Current / English Maritime Cases

LONDON ARBITRATION 4/25

NYPE – TIME CHARTER – OFF HIRE – VESSEL TIME CHARTER – OFF HIRE – VESSEL PERFORMANCE – GRABS – BUNKERS ON REDELIVERY – PROCEDURAL DEFAULT – EFFECT OF CHARTERERS’ DISSOLUTION This arbitration concerned disputes arising under a single-trip time charterparty on an amended NYPE 1981 form. Owners sought recovery of US$157,967.39 for hire withheld by charterers, together with interest and costs. Charterers had deducted 3.42 days' hire based on alleged speed and consumption underperformance of the vessel and substandard grab operations. Owners also claimed damages for a shortfall in bunkers upon redelivery.
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Current / English Maritime Cases

London Arbitration 1/25 

AMENDED GENCON FORM – FAILURE TO DELIVER CARGO – DEMURRAGE - DAMAGES FOR HIRE – SUB-CHARTER COLLATERAL The Parties agreed to a voyage charterparty for transporting bulk petcoke using a Gencon 1994 Form. On the same day, the Charterers made a sub-voyage charter with Sub-Charterers. When the vessel tendered Notice of Readiness (NOR), Owners were told the intended 53,000 mt of cargo was not ready for loading.
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Current / English Maritime Cases

London Arbitration 6/25 

NYPE 1993 FORM – BREACH OF CLAUSE 8 – DEVIATION FROM PLANNED ROUTE – TURN BACK PROVISIONS – DANGEROUS WEATHER – OFF-HIRE DURING ROUTE DEVIATION The vessel was chartered from Terneuzen, Netherlands to Jacksonville, FL, under NYPE 1993 terms from a prior charterparty. After redelivery Owners claimed US$119,557.65 for hire and bunker costs. Charterers denied liability, citing the master’s decision to reroute the vessel due to dangerous weather. lengthening the voyage. The tribunal based the final decision solely on documentary evidence.
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Current / English Maritime Cases

London Arbitration 3/25 

AMENDED GENCON FORM – FAILURE TO PROVIDE CARGO – EXPERT EVIDENCE – QUANTUM OF DAMAGES – VOYAGE CALCULATION ERROR  A continuation of LA 1/25 and LA 2/25, this award concludes the proceedings for Charterer's failure to deliver cargo under an amended Gencon form.
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Current / English Maritime Cases

London Arbitration 2/25 

FAILURE TO PROVIDE CARGO – REPUDIATORY BREACH – FREIGHT ENTITLEMENT – DAMAGES FOR HIRE – DEFERRED AWARD AMOUNT – MULTIPLE HEARINGS  This arbitration is the second in a series of proceedings involving the disponent Owners’ claims against the Charterers, who denied liability and counterclaimed for US$544,290.46 or an equal credit against damages awarded to the Owners. This sum comprised US$454,059.38 for unearned advance freight, US$57,208.59 for demurrage, and US$33,022.50 in commission. The claim was in response to the Owners’ claim of repudiatory breach.  See LA 1/25 and LA 3/25
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Current / English Maritime Cases

London Arbitration 1/90

LAYTIME – ASBATANKVOY – STATUTORY READINESS – NOR WITHOUT COC – NULLITY – ESTOPPEL REJECTED Owners claimed laytime began at 22:30 on 4 August after NOR was tendered and accepted, but charterers argued the NOR was invalid due to the vessel lacking a U.S. Coast Guard certificate of compliance (COC) at the time.
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Current / English Maritime Cases

London Arbitration 19/18

DEMURRAGE – TIME BAR – BROKER AS AGENT - ESTOPPEL – CONSEQUENTIAL DELAY – EQUIPMENT BREAKDOWN – ASBATANKVOY – WITHOUT PREJUDICE This arbitration concerned a contract of affreightment (COA) for a series of voyages performed by two vessels carrying fuel oil/bitumen mix, chartered on an amended Asbatankvoy form. The dispute arose over unpaid demurrage in relation to eight of 87 total voyages, with the charter containing two relevant time bar provisions—one in Part I requiring demurrage claims and supporting documents within 30 days of discharge, and Clause 40 stipulating a 21-day limit.
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Current / English Maritime Cases / Featured

O v C – EWHC 2838 – King’s Bench Division, Commercial Court (Sir Nigel Teare) – 8 November 2024

LONDON ARBITRATION - US SANCTIONS - OFAC LICENSE TO SELL CARGO - BREACH OF SANCTIONS – APPEAL TO ENGLISH HIGH COURT UNDER SECTION 44 OF THE ARBITRATION ACT 1996 Charterers entered into a charterparty for a vessel carrying naphtha, but were added to the US OFAC sanctions list the same day, causing the cargo to become subject to US sanctions. Owners, fearing prosecution due to their US connections, terminated the charterparty and obtained an OFAC license to sell the cargo and hold proceeds in a blocked US account. Arbitration was initiated in London, and both parties approached the English High Court for directions on how the sale proceeds should be handled.
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