Category: English Maritime Cases

ADDITIONAL DISCHARGE BERTH – VEGOILVOY FORM – DURESS – TIME BAR – SPECIAL AGREEMENT – PORT LIMITS – DEMURRAGE – JURISDICTION OF TRIBUNAL – WAR RISK

A vessel was chartered on a standard Vegoilvoy for transport of soybean oil from Argentine to “1 SP/1SB BIK or BANDAR ABBAS [Iran] in CHOPT.” Charterer instructed the vessel to anchor outside port limits with higher war risk premium, before shifting to berth. The charterer then required a second berthing that was not contractually agreed upon. The owner offered an alternative “special agreement” with strict stipulations. The charterer claimed that they agreed to the stipulations and costs under duress and refused to remit payment.

BREACH BY CHARTERER – EXCESS BUNKERS – REDELIVERY NOTICE – NYPE 1946 – QUANTIFICATION OF LOSS – FIXTURE RECAP
A vessel was chartered by a fixture recap incorporating the terms of an amended NYPE 1946 form. Charterer delivered the vessel back to her owner with excess bunkers and insufficient redelivery notices. Arbitration began to quantify the loss due to the two admitted charter breaches. The charterer admitted to the breaches of the charter, but claimed that the term “ABT” in the contract should offer them extra allowances in terms of the excess bunkers. The owner claimed that with sufficient redelivery notice they could have found alternative employment for the vessel.

DEMURRAGE – AMENDED ASBATANKVOY FORM – NOTICE OF READINESS – NORT VIA EMAIL
The subject vessel was chartered on an amended Asbatankvoy form. After completion of the voyage, the owner submitted a claim for demurrage, however the charterer argued the notice of readiness at the discharge port was invalid because it was tendered via email. Charterer held time should start counting when discharge commenced.

NOTICE OF READINESS – NOR – DEMURRAGE – ALTERNATIVE ANCHORAGE
The subject vessel was hired to transport aniline from China to Houston and tendered NOR while at the Shanghai shipyard. The owner claimed there was no waiting space at the loadport, the berth was occupied, and the anchorage at CJK was congested. Charterers denied demurrage costs incurred, asserting the NOR was invalid for it was not tendered at the customary anchorage per charterparty requirements. The owner asserted it was implied that if the vessel were not able to enter the loadport, NOR could be tendered at a location equidistant or nearer to the loadport than the customary anchorage.

SPEED AND CONSUMPTION METHODOLOGY – REDELIVERY – REDELIVERY OF BUNKERS – ARMED GUARDS – HULL FOULING – AMENDED NYPE 1946 FORM – TUG ASSISTANCE – OFF HIRE – BIMCO PIRACY CLAUSE
A subject vessel was chartered for four to seven months. After redelivery, the owner issued a Final Hire Statement, and the charterer denied owing any balance to the owner. The issues under dispute in the proceedings were speed and consumption, redelivery, redelivery of bunkers, armed guards, hull fouling, damage, and tug assistance.