Category: U.S. Maritime Cases
ASBATANKVOY -- FLOATING STORAGE -- DELAYS CAUSING OWNER’S FOLLOW-ON FIXTURE TO BE CANCELLED -- DETENTION -- LOST PROFITS -- FORESEEABILITY -- Charterer Award
Under a voyage charter, wherein the clause allowing Charterer the option of using Vessel as floating storage had been deleted, Vessel was delayed at disport causing the subsequent fixture between Owner and another charterer, made at the peak of the market, to be cancelled. Owner claimed for damages in the form of profits lost from the cancelled fixture.
EXXONMOBIL VOY 2005 -- "NIGERIAN 8:00 A.M. RULE" -- DELAYS DUE MASTER’S REFUSAL TO SIGN BACKDATED BILL OF LADING (B/L) -- Charterer Award
When Vessel concluded loading prior to 8 a.m. on the first day of the month, Charterer requested Master to sign a backdated B/L allegedly in accordance with Nigerian law and also allegedly a requirement of Clause 27 (a) of Part II of ExxonMobilvoy 2005. When Master refused to sign without a Letter of Indemnity Vessel was delayed in departing for six days for which Charterer refused to pay demurrage.
ASBATANKVOY -- CLAUSE PARAMOUNT -- COGSA -- CARGO CONTAMINATION -- Charterer Award
When cargo was found to be contaminated onboard the vessel at the discharge port, Charterer argued that COGSA applied and subsequently attempted to show that the cargo was loaded onboard the Vessel in good condition and discharged in a damaged condition.
BALTIME 1939 -- MASTER OVERWRITING FIGURES ON DEPARTURE DOCUMENTS -- DEPARTURE DELAY WHILE AGENT PREPARES NEW DOCUMENTS -- OFF-HIRE -- Charterer Award
Upon completion of loading Master first refused to sign required departure documents before striking through figures and writing in what he considered to be the correct amounts. There was subsequently a 24-hour delay whilst new documents were prepared which the Master signed as presented with his disagreements noted on the bottom. Against Owner’s wishes, Charterer subsequently deducted the 24-hour period from money owed for bunkers.
NYPE 93 -- OFF-HIRE -- EARLY REDELIVERY AND BUNKER LIABILITY -- MISCELLANEOUS EXPENSES -- Partial Owner Award
This arbitration dealt with a number of issues under a time charter. Namely, when does hire resume after an off-hire period for drydocking, early redelivery by Charterer, responsibility for bunkers consumed after early redelivery, an alleged off-hire period whilst the Vessel’s cranes were inoperable and finally, the distribution of numerous charges incurred during the time charter.
ASBATANKVOY -- CARGO CONTAMINATION -- DELAYED DISCHARGE DUE HIGH HYDROGEN SULFIDE (H2S) VAPORS -- COGSA -- HEATING AND PURGING COSTS -- LOST PROFITS ON MISSED VOYAGE -- Partial Owner Award
When a prior cargo apparently contaminated Charterer’s cargo, Charterer claimed for the cost needed to decontaminate it. Owner in turn denied Charterer’s claim and claimed demurrage incurred whilst Charterer was treating the cargo, heating and purging costs and lost profits when a subsequent fixture was cancelled as a result of the delayed discharge.
ASBATANKVOY -- WHETHER BERTH CONGESTION IS BEYOND CHARTERER’S CONTROL -- NOTICE OF READINESS PRIOR TO FREE PRATIQUE -- PRORATED LAYTIME -- Owner Award
Charterer attempted to dispute Owner's demurrage claim on the basis that berth congestion was a condition beyond charterer's control per ASBATANKVOY Clause 6, time cannot commence until the vessel is in free pratique, and time spent simultaneously discharging another charterer's cargo should be prorated.
EXXONMOBIL VOY 2005 -- INTEREST ON UNDISPUTED DEMURRAGE -- ADVERSE WEATHER -- DEPARTURE DELAY DUE TUGS -- SIGNING DOCUMENTS -- REDELIVERY OF LIGHTERAGE EQUIPMENT AND MOORING MASTER -- Partial Owner Award
At issue is whether Charterer is responsible for interest on a late payment of undisputed demurrage, whether weather related delays existed within the context of ExxonMobil VOY2005's Clause 14, whether Charterer or Owner was responsible for the delay in departing berth due to a lack of tugs, whether time ceased at documents onboard or upon signing, and the assessment of time after a transshipment i.e. whether time stops at hoses off or upon the Vessel redelivering the lighterage equipment and mooring master.
EXXONMOBIL VOY 2000 -- MISSING ANCHOR -- INTERIM CLASS CERTIFICATE -- SEAWORTHINESS -- SAFE PORT -- DETENTION -- ROLE OF AGENT -- Partial Owner Award
At issue is whether the Owner is in breach of the seaworthiness obligation or Charterer failed to nominate a safe port; and, the relevant assessment of demurrage and detention. Just prior to the fixture, Vessel lost 1 of 2 forward anchors. After obtaining class approval to operate with one anchor temporarily, Vessel tendered NOR at Charterer's load port, informed the Vessel's agent of the missing anchor, loaded and proceeded to the disport range of Northern Chile. After waiting several days, Vessel was instructed to the disport but the pilot refused to berth her given the port's two-anchor requirement. After a replacement anchor was fitted the Vessel encountered delays at subsequent discharge ports due to lack of tankage. In addition to demurrage, Owner claimed detention from Vessel's arrival off Chile until berthing at the first discharge berth.
AMWELSH -- DEMURRAGE RESULTING FROM INSUFFICIENT WATER LEVELS -- ALWAYS AFLOAT, ALWAYS ACCESSIBLE -- SHORT LOADING -- Full Owner Award
Owner claimed time ran during a period when the Vessel was required to temporarily vacate the berth during loading due to insufficient water levels as the fixture warranted Vessel to load "always afloat". Charterer counterclaimed for short loading when the Vessel departed with less than the warranted “max 21,400 MT in chrts option…”
