Category: U.S. Maritime Cases
Shipping industry court rulings and arbitration awards under U.S. law.
Tiger Ship No. 8 Limited v. Vinmar International Limited (The “Tiger Integrity”) – SMA No. 4499 – 24 March 2025
Maritima del Pacifico SAP.I. de C.V. v. Aerovolte SA de C.V. and Cal-lxa Aggregates LLC, (The “PATAGONMAN”) – SMA No. 4498 – 3 February 2025
Linea Maritima del Pacifico SAP.I. de C.V. v Aerovolte SA de C.V., with Cal-lxa Aggregates LLC as Guarantor, (The “Sider Bilbao”) – SMA No. 4497 – 3 February 2025
Union Bulk A/S v Twin Rivers Co., Inc. (The “Agali”) – SMA 4501 – 10 April 2025
CITGO Asphalt Ref. Co. v. Frescati Shipping Co. (The “Athos I”) – Supreme Court of the United States, No. 18-565 – 30 March 2020
OIL SPILL – SAFE-BERTH CLAUSE – LIMITATION OF LIABILITY – UNQUALIFIED CLAUSE – STRICT LIABILITY – SAFE VS. UNSAFE BERTH SELECTION – EXPRESS CLAUSE – EXPRESS LIABILITY
In 2004, Frescati Shipping Co. (the Owners) allowed CITGO Asphalt Refining Co. (CARCO) to charter their vessel Athos I. While attempting to dock in Port of Paulsboro, New Jersey, the vessel collided with an abandoned anchor, resulting in a major oil spill in the Delaware River. The arbitration primarily focused on the Charterers’ (CARCO) liability for the spill per the charterparty’s Safe-Berth Clause.
Bulk & Metal Transport Pte Ltd v Consolidated Grain and Barge Co. dba Consolidated Terminals and Logistics Company (The “Bi Jia Shan”) – SMA 4478 – 22 May 2024
AMENDED GENCON – HOLD-IN TUGS AND STANDBY PILOTS – DECREASE OF TRANSIT DRAFT – MISSISSIPPI RIVER – RIVER DRAFT RESTRICTIONS – HIGH RIVER ADVISORIES – SAFE NAVIGATION COMMITTEE – MISSISSIPPI RIVER PILOTS – NOBRA – CARROLTON GAUGE – DISPONENT OWNERS – LIEN ON VESSEL
In a dispute between Bulk & Metal Transport Pte. Ltd (Disponent Owners) and Consolidated Grain and Barge Co. d/b/a Consolidated Terminals and Logistics Company (Charterers) Bulk & Metal Transport sought to recover $89,427.58 paid for hold-in tugs and standby pilots during discharge of rock salt at anchorage at Belle Chasse, Louisiana.
Panamex International Shipping Company Ltd. v AAT Global Ltd. (The “CABO FUJI”) – SMA No. 4473 – 4 March 2024
ASBATANKVOY – DEMURRAGE – FAILURE TO PAY – FAILURE TO PARTICIPATE IN ARBITRATION
Panamax International Shipping sought $332K from AAT Global for demurrage incurred during a voyage transporting Carbon Black Feedstock from Mississippi River ports to East Coast India. AAT Global failed to respond to payment requests, forcing Panamax to initiate arbitration.
Soreidom S.A. v Hansen-Mueller Co. – SMA No. 4474 – 14 March 2024
DEMURRAGE – NAEGA 2 CONTRACT – UNPAID BALANCES ON PREVIOUS VESSELS – REVOKING NOR – REFUSAL OF PAYMENT – MULTIPLE VESSELS ON CREDIT
Soreidom sought to recover $776,202.94 in demurrage for the vessels M/V GANT FLAIR and M/V CENTURY EMERALD chartered under NAEGA 2 contracts with Hansen-Mueller Co. HM disputed its liability for the GANT FLAIR charges and claimed reduced liability for the CENTURY EMERALD charges.
Oslo Caribbean v Bethell’s Trucking – SMA No. 4477 – 14 June 2024
DEMURRAGE – LIEN AGAINST CARGO – EXTENSIVE DELAY – FAILURE TO PROVIDE SAFE BERTH / SAFE PORT – DIVERTED TO ALTERNATE PORT – DAMAGES
When the SEA CARRIER faced extensive delays at Clarence Town port awaiting safe berth / safe anchor, Oslo Caribbean was forced to invoke a lien on Bethell’s cargo and divert the vessel to another port. Bethell’s Trucking filed a counterclaim for damages, contending contract breach and wrongful termination.