Category: U.S. Maritime Cases

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.

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.

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.

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.

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.

PARTIAL PAYMENT – DAMAGES FOR DETENTION – DEMURRAGE – FAILURE TO APPOINT ARBITRATOR – ACKNOWLEDGMENT OF DEBT – FAILURE TO MAKE PAYMENT

This arbitration involved a charterparty for the transport of bulk aggregate sand from Kingston, Jamaica, to Nassau, Bahamas. Oslo Caribbean Carrier AS, the owner of the M/V SEA CARRIER, claimed outstanding demurrage payment and interest from Knowles Construction & Development Co. Ltd., the charterer.

VOYAGE SPEED – WEATHER – DEMURRAGE CLAIM – OWNERS GUARANTEE – SLOW STEAMING – ASBATANKVOY

A voyage charter was made for the transport of clean petroleum product (CPP) from Cherry Point, Washington, to a Chilean port of the Charterer’s choice. Owners initiated arbitration seeking a partial final award of outstanding demurrage, plus interest, costs, and attorneys’ fees. Charterer disputed the claim, asserting that the vessel failed to meet the charterparty speed and failed to adhere to voyage orders, resulting in a missed discharge window.

EMVOY 2012 – WITHHELD SAMPLES – SAMPLE CONTAMINATION – JOINT SAMPLE TESTING – ARBITRABILITY – CAUSE OF CONTAMINATION

An Owner and Charterer entered into a Contract of Affreightment (COA) for the transportation of bulk chemical products from Singapore to Australia. Sampling at the discharge revealed water droplets and cloudiness in the cargo. The Charterer withheld samples from the discharge from joint testing that was requested by the Owner to determine the cause of contamination.