TANKVOYager

Category: Featured

Highlighted articles from each TANKVOYager issue.

Current / English Maritime Cases / Featured

AI Georgis Oil Trading Ltd v AG Shipping & Energy Pte Ltd (The “Marquessa”) – QBD (Comm Ct) (Henshaw J) [2021] EWHC 2319 (Comm) – 17 August 2021

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.
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Current / English Maritime Cases / Featured

London Arbitration 17/21

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.

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Current / Featured / U.S. Maritime Cases

Ardmore MR Pool LLC (Ardmore Shipping) v Orient Source (HK) Ltd. (The “Ardmore Sealancer”) – SMA No. 4372, 22 Jul 2019

ASBATANKVOY - NAMED PORT - NAMED BERTH - Q88 - FOREIGN FLAG RESTRICTION - INVALID NOR - CARGO AVAILABILITY - DEADFREIGHT - DEMURRAGE - ADDRESS COMMISSION When Charterer was either unable to provide a cargo or Vessel was not allowed admittance to the load port due to its flag, Owner cancelled the charter party and claimed for deadfreight and demurrage. It was also noted that the Vessel may have tendered a premature NOR from just outside the load port.
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Current / Featured / U.S. Maritime Cases

MUR Shipping BV v Cathagrow International Ltd. (The “African Jay”) – SMA No. 4371, 15 Jul 2019

BEIZAI 1991 - EQUIPMENT FAILURE - UNION SAFETY INSPECTION FAILURE - DEMURRAGE - DAMAGES When the crane sheaves on the vessel failed the longshoremen’s inspection, time was lost when attempting to resolve the issue with the Owner ultimately choosing to have the sheaves machined.  Owner claimed demurrage and the cost of the machining from Charterer.
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Current / English Maritime Cases / Featured

SK Shipping Europe plc v Capital VLCC 3 Corporation and Another (The “C Challenger”) – QBD (Comm Ct) (Foxton J) [2020] EWHC 3448 (Comm) – 16 December 2020

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.
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Current / English Maritime Cases / Featured

London Arbitration 22/19

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.
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