Category: U.S. Maritime Cases
ASBATANKVOY -- VOYAGE -- PORT -- DOCK -- BERTH -- SPEED WARRANTY -- Charterer Award
This voyage’s fixed discharge port was a Citgo dock where berthing priority was given to other Citgo vessels. So when the Vessel failed to meet the minimum speed warranty (and therefore missed laycan), she lost her place in line for berth to a Citgo ship. When billed for this delay, the Charterers contend that they should be exempt from invoicing because if the Owner had followed the speed warranty, the berth would have been free upon arrival.
ASBATANKVOY -- CARGO -- ARBITRATION -- TUGBOAT -- DEMURRAGE -- BERTH -- INTEREST -- Owner Award
This arbitration covers several key issues such as tank testing expenses at berth, dock labor charges not related to cargo carriage, tug standby costs, demurrage at berth, and the interest rate for delayed payment.
ASBATANKVOY -- ARBITRATION -- VOYAGE -- DEMURRAGE -- LOADPORT -- LAYTIME -- MOORING -- DISPORT -- ACT OF GOD -- Charterer Award
This arbitration centers upon two separate instances during voyage where the Vessel allegedly accrued demurrage. At the loadport, the Owners counted laytime until the Vessel completed unmooring instead of up to the traditional "hoses off." The other argument was over laytime calculations at disport when adverse weather temporarily halted discharge.
ASBATANKVOY -- TERMINAL -- PUMP WARRANTY -- PART CARGO -- CHARTER PARTY -- Charterer Award
Because of terminal pump limitations for part cargoes, the Vessel could not satisfy the pump warranty stipulated in the charter party. The Owners then subsequently requested to calculate the pump credit by the difference between the theoretical time at 100 PSI against the actual time.
VEGOILVOY -- PORT -- CARGO -- CUSTOMS -- SHORE TANK -- CUSTOMS -- Owner Award
As is customary discharge procedure for the port, the Owners discharged cargo under customs control. However, the Charterers found the shore tank empty and demanded reimbursement for the improper discharge of cargo to customs officials.
ASBATANKVOY -- BERTH -- DISPORT -- TYPHOON -- ACT OF GOD -- DEMURRAGE -- Owner Award
Although the berthing delay at disport was caused by a typhoon, the Owners argue that their claim is valid because the typhoon happened sixteen days before berth. Subsequent changes could have been made to accommodate possible delays.
ASBATANKVOY -- CARGO -- LOADPORT -- FIBER GRADE -- CHARTER PARTY -- LAYDAY -- Charterer Award
The Vessel was chartered to load a cargo of corn oil at one loadport as well as a fiber grade cargo of ethylene glycol at another. However, the Vessel’s zinc tanks failed numerous inspections for the ethylene glycol and caused the Charterer to cancel the charter party on the grounds that the Vessel was unready to load within the given laydays.
ASBATANKVOY -- BILL OF LADING -- FREIGHT -- LIEN -- DEMURRAGE -- DISPORT -- Owner Award
Because the Bill of Lading was late in arriving, the freight payment due Owners was also delayed. In response, the Owners exercised their posessory lien on the cargo at the discharge port until the freight was paid, thereby accruing demurrage that the Owners’ claim was ultimately faulted by the Charterers.
VEGOILVOY -- DEMURRAGE -- DISPORT -- PART CARGO -- PIPELINES -- Owner Award
The Vessel accrued demurrage at disport because of difficulties discharging a part cargo of semi-refined fish oil. The Owner blamed the Charterers’ cargo for the delay on the grounds that lines connected to the fish oil’s tanks were backed up with sludge and particles while other part cargoes were discharged without delay.
ASBATANKVOY -- CHARTER PARTY -- TRANSSHIP -- CARGO -- DISPORT -- DEMURRAGE -- Charterer Award
This arbitration centered upon disputed language between charter party exception clauses. The Owners had to transship cargo due to ice restrictions to the original disport, a task which the Owners’ claim falls under the language of Clause 14 ("if port … is inaccessible due to ice … any demurrage is responsibility of the Charterer"). But, there is a Transship Clause which states that “Owners have the option to transship the cargo at their own time.”
