Category: English Maritime Cases

Charterparty – Amended NYPE 1946 form – COVID-19 PCR test certification – Rejection at Chinese port – Owner’s Deviation – Seaworthy – Off-hire This case was an appeal of London Arbitration 8/25, which arose from a dispute under a time charterparty involving the vessel Sagar Ratan, concerning whether the vessel was off-hire during a delay caused by a Covid-19 outbreak among the crew. The vessel had been chartered by disponent owners to the charterers under an NYPE form for a one-time trip from the Philippines to China via Australia.

Charterparty – Amended NYPE 1946 form – COVID-19 PCR test certification – Rejection at Chinese port – Owner’s Deviation – Seaworthy – Off-hire A vessel chartered under an amended NYPE 1946 form was denied entry to Nanjing, China, because eight newly joined crew members lacked PCR certificates meeting local COVID-19 entry requirements. The vessel had to divert to Busan for testing before returning to Nanjing, causing delay and additional costs. Charterers sought damages, arguing the vessel was unfit for service on arrival, while Owners contended that compliance with local health regulations was the Charterers’ responsibility and that the PCR certificates were not required under the charterparty’s definition of “international certificates.”

Amended NYPE 1993 form – Final hire accounts – Off-hire – Underperformance claim – Weather evidence – Definition of “about” – Definition of “up to” – Adverse current - Stevedore damage – Bunkering incident – Master’s discretion – Burden of proof – LMAA FALCA Rules The dispute arose under a time charter based on the amended NYPE 1993 form. Issues included vessel performance claims based on speed and consumption warranties, damage allegedly caused by stevedores during cargo operations, and a bunkering incident where parted mooring ropes led to an aborted operation and crew injury. The parties presented evidence such as weather routing reports, master’s logs, surveyor findings, and documentation to support their respective claims and defenses.

NYPE 1993 – TIME CHARTER – OFF HIRE – OWNERS’ DEVIATION – WEATHER ROUTING COMPANY - WRC A dispute arose under a time charter trip on an amended NYPE 1993 form for a voyage from Terneuzen, Netherlands to Jacksonville, Florida. The charter included a laycan of 4 to 8 February and an expected duration of about 25 days WOG. Following redelivery on 6 March, the owners claimed a balance of US$119,557.65 primarily for hire and bunkers, while the charterers denied liability, arguing the master unjustifiably deviated from their routing instructions, causing delays and additional costs.

CONGENFORM 1994 – VOYAGE CHARTER – FREIGHT NOT PAID – LIEN ON CARGO – SALE OF GOODS On 2 April 2024, Lord Marine Co SA and Vimeksim Srb DOO agreed a voyage charter for the Lord Hassan, granting the owners a lien for unpaid freight. About 11,000 mt of Ukrainian corn was shipped to Turkey under a bill marked “Freight Prepaid,” though no freight was actually paid. The owners retained the bill, exercised a lien, and sought a court-ordered sale as the cargo deteriorated, with ownership and receiver roles unclear.

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.

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.

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

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.