Category: English Maritime Cases

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.

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.