Category: English Maritime Cases
TIME CHARTER – SPEED AND PERFORMANCE – HULL FOULING – GOOD WEATHER – THE DIVINEGATE
The dispute concerned a claim by the charterers for US$127,545.45 and a counterclaim by the owners for US$28,174.16, as reflected in the parties’ final hire statements. The central issue was whether, at delivery, the vessel was affected by underwater hull fouling amounting to a defect that reduced speed and entitled the charterers to an off-hire deduction under the charterparty.
VOYAGE CHARTER – DESPATCH – LAYTIME CALCULATION – RESTRICTED CRANE USE – NUMBER OF GANGS – NUMBER OF HOOKS
The subject vessel was chartered by the respondent owners to the claimant charterers for a voyage carrying a cargo of bagged rice from India to Bangladesh. A dispute arose concerning unpaid despatch earned by the charterers due to time saved on laytime.
NYPE – TIME CHARTER – BIMCO HULL FOULING CLAUSE – REDELIVERY BUNKERS – DEVIATION
A dispute under a short NYPE time-charter concerned USD 71,000 in alleged unpaid hire. The contested issues were hull fouling under the BIMCO clause, bunker quantities on redelivery, and an alleged deviation from the charterers’ weather-routing advice.
VOYAGE CHARTER – EU AND UK SANCTIONS – REFUSAL TO LOAD CARGO – REPUDIATION – TIME BAR FOR DAMAGES CLAIM
Tonzip Maritime Ltd chartered the Catalan Sea to 2Rivers Pte Ltd under an “EPS Sanctions Clause,” which allowed the owners to refuse loading if there was a sanctions risk. When the owners refused to load cargo from Neftisa, linked to a sanctioned individual, the charterers canceled the contract, leading to a damages claim by the owners.
NYPE 1993 – OFF HIRE – EMPLOYMENT ORDERS – REASONABLE DELAY IN COMPLIANCE – UNSAFE BERTH, PORT COSTS
The vessel was time-chartered on an amended NYPE 1993 form with additional clauses for a one-trip charter “via ECSA to Persian Gulf–Japan range (intention Iraq) with cargo of grains in bulk (intention soybeans).” Hire was fixed at US$20,000 per day. The charter contained the usual clauses requiring safe berths, safe ports, and compliance with charterers’ orders, together with an off-hire provision.
TIME CHARTER – FINAL HIRE – OFF HIRE – MASTER’S NAVIGATIONAL DISCRETION – BANK CHARGES
The vessel was time-chartered by the claimant owners to the respondent charterers under a fixture recap incorporating a proforma charterparty.
The claim was divided into sections: bank charges deducted from hire payments, and a charterers’ deduction for alleged breach of employment orders relating to the vessel’s route. Charterers failed to submit a defense despite reminders and extensions.
NYPE – UNPAID HIRE – DEVIATION – CREW CHANGE – WEATHER – UNDERPERFORMANCE
The dispute arose under a time-charter on an amended NYPE form for one voyage from Qingdao, China to Nanaimo, Canada. The claimant owners sought unpaid hire of US $73,945.02, while the respondent charterers denied liability.
ASBATANKVOY – CHARTERPARTY – ONCE ON DEMURRAGE – TIME BAR – DEMURRAGE – LAYTIME
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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.”
