DEMURRAGE – DETENTION – DAMAGES – BUNKERS – QUANTUM MERUIT
The vessel arrived at the port and tendered NOR. Charterers declared discharging was not allowed until berthing. Owner initially claimed demurrage then revised it by way of quantum meruit to include the cost of bunkers consumed.
by Carolina Graca · Published January 20, 2022 · Last modified August 22, 2023
SHELLTIME 4 – NON-PAYMENT OF DAILY HIRE – REPUDIATORY BREACH –DAMAGES – MITIGATION OF HIRE VS DAMAGES
When charterer failed to pay hire owner considered this a repudiatory breach of the charter and claimed for this hire and also damages covering delays incurred after the breach.
BIMCO HEAVYCON 2007 – NOR VALIDITY – NON PAYMENT OF DEMURRAGE, FREIGHT, BUNKERS, PORT COSTS WAR RISKS – COVID – DETENTION – FRUSTRATION OF CHARTER PARTY – LIEN
After non payment of sums by Charterer , Owner exercised a lien on the cargo and drifted the Vessel for 272 days. Owner claimed for the non-payment plus detention whilst Vessel drifted.
TIME CHARTER – FUEL CONSUMPTION – REPUDIATORY BREACH
When the Vessel over consumed bunkers during a voyage, Charterer claimed Owner to be in repudiatory breach of the charter party.
CHARTERPARTY – ADDITIONAL FREIGHT – DEMURRAGE – LAYTIME – PREMATURE – NOTICE OF READINESS – DELAYS IN CARGO OPERATIONS – SLOW DISCHARGE – “ONCE ON DEMURRAGE, ALWAYS ON DEMURRAGE”
The discharge port for a ship carrying logs was changed after a mutual agreement between the shipowner and charterers. Charges were filed against the charterer for lost time which charterer partially contested basis an alleged premature NOR. The court that oversaw this case awarded the shipowner financial compensation based off of a reduced time that the court saw as fair.
NYPE FORM – INTER-CLUB NYPE AGREEMENT (ICA) – CARGO CLAIM – TIME BAR
The tribunal was left to decide if proper notification of an impending cargo claim had been made to meet the requirements of the time bar clause.
TIME BAR – WHETHER OWNERS PROVIDED CONTRACTUAL DOCUMENTS – SUPPORTING DOCUMENTS – SIGNED DOCUMENTS – EQUIVALENT DOCUMENTS
Charterer argued Owner’s demurrage claim was time-barred for lack of containing the contractually required documents.
by Haugen Consulting · Published September 8, 2021 · Last modified April 14, 2023
NYPE – DEDUCTION FROM HIRE – SHORE CRANE CHARGES – SPEED – CONSUMPTION
After Charterers had deducted hire based on shore crane charges as well as claimed underperformance and overconsumption from a chartered vessel, the Tribunal was left to determine if these charges were reasonable or if the shipowner’s evidence would disprove these actions.
by Haugen Consulting · Published August 12, 2021 · Last modified April 14, 2023
CHARTER PARTY – SPEED AND CONSUMPTION CLAIM – WHETHER CHARTERER ENTITLED TO MAKE DEDUCTION FROM HIRE – WHETHER VESSEL UNDER PERFORMED
After Charterer filed a claim against shipowner for speed and over consumption as well as deduction of hire based on a report made by an independent weather bureau, the Tribunal was left to determine if the claim was unreasonable or if the shipowner had failed to make correct claims about the performance of their vessel.
NYPE – VESSEL FAILED INSPECTION – OFF HIRE
After Charterers file a claim against shipowners for overpaid hire and damages due to broken cranes during an in-port inspection, the Panel was left to determine if the claim was unreasonable or if the shipowners had failed to follow accords made in the charter party.
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