Category: U.S. Maritime Cases

Shipping industry court rulings and arbitration awards under U.S. law.

ASBATANKVOY 2025: Modernizing a Maritime Standard and Reframing “Once on Demurrage, Always on Demurrage”

ASBATANKVOY - CHARTERPARTY - ONCE ON DEMURRAGE - TIME BAR - DEMURRAGE - LAYTIME We have carefully evaluated the key laytime and demurrage implications as the market shifts from the original ASBATANKVOY to this new version.  Find yourself with more detailed questions?  Shoot us an email at info@haugenconsulting.com. We will be happy to discuss the changes with you and their specific implications for your business.
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Tiger Ship No. 8 Limited v. Vinmar International Limited (The “Tiger Integrity”) – SMA No. 4499 – 24 March 2025

ASBATANKVOY – DEMURRAGE – NON-PARTICIPATION BY RESPONDENT Tiger Ship No. 8 brought a claim against Vinmar International under a voyage charterparty dated October 19, 2022, for the chemical tanker Tiger Integrity. The charter involved shipment of chemical cargoes loaded at three Chinese ports (Jiangyin, Jingjiang, and Mailiao) and discharged at three Indian ports (JNPT, Hazira, and Kandla). The Owners claimed $127,451.24 in demurrage following delays at the load and discharge ports.
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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

GENCON - COA – DEMURRAGE – DETENTION - MITIGATION This arbitration involved claims by Linea Maritima del Pacifico against Aerovolte and its guarantor, Cal-lxa, under a Contract of Affreightment for transporting aggregate between Mexican ports. The dispute arose when Aerovolte failed to provide cargo, leaving the chartered vessel MV Patagonman idle at Veracruz; Claimant later re-delivered the vessel and sought $672,388 in damages.
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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

GENCON - LAYTIME – DEMURRAGE – INTEREST – COSTS – ATTORNEYS’ FEES This arbitration involves a claim by Linea Maritima, disponent owner of the MV SIDER BILBAO against Aerovolte and Cal-lxa for demurrage in the amount of $328,584.51, plus interest, attorneys’ fees, and costs, under a GENCON charterparty dated May 29, 2023. Between July and September 2023, the SIDER BILBAO completed eight voyages under the Charter. Demurrage incurred over this period totaled $478,398.48, of which Cal-lxa made a partial payment of $149,813.97, leaving an outstanding balance of $328,584.51.
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Union Bulk A/S v Twin Rivers Co., Inc. (The “Agali”) – SMA 4501 – 10 April 2025

GENCON - DEMURRAGE - FREIGHT This dispute arose under a voyage charterparty recap dated April 21, 2023, incorporating GENCON and sub-charter terms, between Union Bulk and Twin Rivers Co., for a single voyage of the M/V AGALI carrying a cargo of aggregates from Kingston, Jamaica to Wilmington, North Carolina, later amended to include Savannah, Georgia as a discharge port for additional freight. The Owners sought to recover outstanding demurrage and freight totaling $279,959.95, together with interest, attorneys' fees, and arbitration costs.
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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.