Highlighted articles from each TANKVOYager issue.
Transportacion Maritima Mexicana, SA. de C.V. v Alia Global Logistics, S.A. de C.V. (M/T “King Gregory”) – SMA 4429, 1 November 2021
FORCE MAJEURE – DEMURRAGE – DISPONENT OWNER – LOSS OF EARNINGS
After 46 days at load port awaiting cargo, the Claimant terminated the contract claiming breach of charterparty. The Respondent claimed force majeure due to supplier issues. Claimant sought damages plus fees, costs and interest.
Brujo Finance Company v Sea Energy Company (MT “Alkimos”) v ES Euro shipping AG (MT “Alkimos”) – SMA 4388, 3 Jul 2020
ASBATANKVOY – KOLMAR TERMS – VIOLATION OF US SANCTIONS – SANCTIONS CLAUSE – STS TRANSFER – ALTERNATIVE ORDERS – PARTIAL FINAL AWARD – SUBJECT MOTION – DISCERNABLE RISK – VENEZUELA
The consolidated arbitration between the Owner and Respondents centered on whether the owner validly invoked the Charter’s Sanctions Clause when demanding alternative orders (Subject Motion). The owner claimed a discernable risk that the ship-to-ship transfer of cargo could have violated US Sanctions against Venezuela. This partial final award is issued solely in response to the Subject Motion and does not address any other disputes between the Owner and Respondents.