Category: U.S. Maritime Cases

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

Asia Marine Pacific Chartering Ltd. v Commercialisadora Columbia S.A. de C.V. (The “Amalia”) – SMA No. 4509 – 16 June 2025

GENCON – DEMURRAGE Asia Marine Pacific Chartering Ltd. brought arbitration against Commercialisadora Columbia S for unpaid demurrage of $444,198.88 arising from the MV AMALEA’s March 2022 voyage carrying corn from Mexico to Guatemala under an OCEANSLINK GENCON charter.
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Spring Marine DMCC v General Oil Co., Inc. (The M/T “MAMBO”) – SMA No. 4511 – 8 September 2025

VOYAGE CHARTER – WRONGFUL TERMINATION – DEVIATION – BUNKERS AT ANCHORAGE Spring Marine DMCC filed arbitration against General Oil Co., Inc. over a canceled voyage charter for the M/T MAMBO, intended to carry diesel fuel from Beaumont, Texas, to Haiti. After the vessel tendered its Notice of Readiness, General Oil canceled the charter due to funding issues on August 20, 2024. Spring Marine repositioned the MAMBO to Corpus Christi for alternative employment and sought damages for 4.5 days of waiting and fuel consumed during the deviation.
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Asia Marine Pacific Chartering Ltd. v Commercialisadora Columbia S.A. de C.V. (The MV “CS Satira”) – SMA No. 4510 – 16 June 2025

GENCON – DEMURRAGE Asia Marine Pacific Chartering Ltd. brought arbitration against Commercialisadora Columbia for unpaid demurrage of $228,468.60 arising from the MV CS SATIRA’s April 2022 voyage carrying yellow corn from Convent, Louisiana to Puerto Cabello, Venezuela. The fixture was concluded on an OCEANSLINK GENCON pro forma charter.
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MTM Mississippi Pte Ltd v. SeaRiver Maritime LLC (The “MTM Mississippi”) – SMA No. 4507 – 20 August 2025

EXXONMOBILVOY2012 – DEMURRAGE – HALF-RATE DISPUTE – BAD WEATHER EXCLUSIONS

The vessel MTM Mississippi was chartered for the carriage of clean petroleum products from the U.S. Gulf to Chile. Owner claimed a principal balance of $40,516.66 in unpaid demurrage, while Charterer denied liability and counterclaimed for an alleged $11,441.36 overpayment. Both parties sought costs and attorney’s fees.

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.

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.

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.

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.

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.

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.