Category: U.S. Maritime Cases

DEMURRAGE – COVID-19 – FORCE MAJEURE – DUE DILIGENCE – PANDEMIC
On March 25, 2020, the Gujarat Maritime Board issued a declaration of a Force Majeure Event at Dighi Port where Team Toccata was due to berth after its discharge was completed at Kandla on April 19, 2020. Team Tankers Deep Sea claimed that the charterer, Tauber Petrochemical, owed demurrage for the entire 118.5 hours Team Toccata waited at Dighi before proceeding to the berth regardless of the force majeure event.

AMERICANIZED WELSH COAL CHARTER – DEMURRAGE – SECOND DISCHARGE BERTH – QUARANTINE INSPECTION – REPOSITIONING CREDIT
Xcoal Energy & Resources chartered Astir Holdings Inc. for carriage of coal from Mobile to one safe berth at Jingtang. En route, Xcoal changed its discharging port from Jingtang to Lanshan, and claimed a repositioning credit since Lanshan was closer to the vessel’s next port. Astir approved the request to unload at two discharging berths instead of the one that was contractually agreed upon, however exceptions to laytime and demurrage at the second berth were not discussed at the time. Arbitration was sought to determine if the charterer’s exceptions to time counting as demurrage should apply for the second discharging berth.

FORCE MAJEURE – ANTICIPATORY BREACH – COVID 19 – HURRICANE DAMAGE – CARGO CONTAMINATION – REPUDIATORY BREACH – DEMURRAGE
The MV Gladiator was chartered under a Contract of Affreightment to transport salt from Brazil to Alabama from March-December 2020. The disponent owner, Eagle Bulk, disputed load port demurrage from the first lifting, unpaid freight charges, and losses for a breach of contract due to the charterer, Salt Source, failing to nominate a second cargo. Salt Source counterclaimed for damages to a portion of their cargo which they claimed had been contaminated during the voyage and claimed force majeure due to Covid-19 and Hurricane Sally for the cancellation of the remaining contracted voyages.

DAMAGES – UNSTABLE CARGO – TIME BAR CLAUSE
The MT Monax was chartered to make two voyages, one from Ontario to New York carrying Residual Fuel Oil (RFO), and the second from Ontario to Belgium carrying clean products. The voyages were completed between July 1 and September 3. On September 23, 2021, the owner, Stolt Tankers, submitted a claim for damages stating that the RFO was unstable, preventing complete discharge and requiring extensive tank cleaning. The charterer, Stryker Fuels, countered that the claim should be dismissed because it was made outside of the time bar period.

DEMURRAGE – WAITING TIME – AMENDED BPVOY4 FORM – COMMISSION – CHARTER BROKER
The MTM Gibraltar was chartered to voyage from Houston to Tuxpan with an option of one or two consecutive voyages. During the second voyage after loading was completed, the vessel spent 117 days waiting for further orders by the charterer, Laurel Shipping LLC. The charter broker, Poten & Partners, claimed that this waiting period counted as demurrage and claimed they were owed commission for these 117 days.

DEMURRAGE – LAYTIME CALCULATION – AMENDED GENCON 1994 CHARTER – NO CORRESPONDENCE
BBC Chartering Carriers and Usinas Siderurgicas de Minas Gerais entered into an amended GENCON charter to deliver galvanized steel coils from Praia Mole to Houston. After the voyage the charterer paid the freight invoice in full but disputed the total of the invoice for the demurrage costs. The charterer then gave no reasoning or defense for the disputed demurrage.

DEMURRAGE – TIME BAR – AMENDED ASBATANKVOY CHARTERPARTY – STORAGE OR DEMURRAGE
Stolt Tankers was chartered by Tricon Energy Limited to ship mono ethylene glycol (MEG) from Baton Rouge and Houston to Antwerp. At Antwerp, the cargo was transshipped to two barges, but the shipments were rejected before discharge. The charterer could not find suitable shoretank storage before another buyer was secured. Stolt submitted invoices to Tricon for “storage” after their 90 day demurrage time bar. NOTE: This recap includes the majority decision and dissenting opinion.