Highlighted articles from each TANKVOYager issue.
SK Shipping Europe PLC v. Capital VLCC 3 Corporation and Others (The “C Challenger”) – Court of Appeal (Males, Phillips and Carr LJJ)  EWCA Civ 231– 25 February 2022
OVER CONSUMPTION – REPUDIATORY BREACH – TIME CHARTER – SHELLTIME 4 FORM – FALSE REPRESENTATION
Capital Maritime and Trade Corporation negotiated a two-year time charter with SK Shipping on November 25, 2016. The speed and consumption data of the vessels’ last 3 voyages were set out in the charterparty and were guaranteed for future voyages by SK Shipping. Capital Maritime noticed far greater consumption than was guaranteed and ceased paying hire, eventually terminating the charter. Capital Maritime appealed the first court’s decision claiming the representation of consumption in the charter implied a guaranteed representation of future performance.
Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd and Another (The “Sea Master”) – QBD (Comm Ct) (HHJ Pelling QC, sitting as a Judge of the High Court)  EWHC 2030 (Comm) – 28 July 2020
NORGRAIN 89 FORM – INSOLVENT CHARTERER – DEMURRAGE – DAMAGES – COGSA 1992 – CARGO FINANCING – RECEIVERS
Seamaster Shipping, the registered owner of the subject vessel Sea Master, appealed an earlier court decision dismissing their claim for demurrage, or damages in lieu of demurrage, due to delays at the discharge port during a charter to Agribusiness United DMCC.
BERTHING CHARGES – LAYTIME – DEMURRAGE – DAMAGES – AMENDED GENCON 94
Owner refused to let its vessel proceed to berth at the discharge port due to lack of space in its storage yard. Arbitration continued to decide whether the owner was entitled to refuse the orders of the charterer.
FORCE MAJEURE – ANTICIPATORY BREACH – COVID 19 – HURRICANE DAMAGE – CARGO CONTAMINATION – REPUDIATORY BREACH – DEMURRAGE
The MV Gladiator was chartered under a Contract of Affreightment to transport salt from Brazil to Alabama from March-December 2020. The disponent owner, Eagle Bulk, disputed load port demurrage from the first lifting, unpaid freight charges, and losses for a breach of contract due to the charterer, Salt Source, failing to nominate a second cargo. Salt Source counterclaimed for damages to a portion of their cargo which they claimed had been contaminated during the voyage and claimed force majeure due to Covid-19 and Hurricane Sally for the cancellation of the remaining contracted voyages.
DAMAGES – UNSTABLE CARGO – TIME BAR CLAUSE
The MT Monax was chartered to make two voyages, one from Ontario to New York carrying Residual Fuel Oil (RFO), and the second from Ontario to Belgium carrying clean products. The voyages were completed between July 1 and September 3. On September 23, 2021, the owner, Stolt Tankers, submitted a claim for damages stating that the RFO was unstable, preventing complete discharge and requiring extensive tank cleaning. The charterer, Stryker Fuels, countered that the claim should be dismissed because it was made outside of the time bar period.
DEMURRAGE – WAITING TIME – AMENDED BPVOY4 FORM – COMMISSION – CHARTER BROKER
The MTM Gibraltar was chartered to voyage from Houston to Tuxpan with an option of one or two consecutive voyages. During the second voyage after loading was completed, the vessel spent 117 days waiting for further orders by the charterer, Laurel Shipping LLC. The charter broker, Poten & Partners, claimed that this waiting period counted as demurrage and claimed they were owed commission for these 117 days.