Category: U.S. Maritime Cases
ASBATANKVOY -- VOYAGE -- DEMURRAGE -- TIME-BAR -- ARBITRATION -- SHIFTING TIME -- Owner Award
The Charterer argued that the Owner’s six-year post voyage demurrage claim was time-barred and that the Owner was subsequently responsible for costs stemming from the untimely arbitration. But if the case was not deemed time-barred, then the Charterer asked for a demurrage reduction basis the "grossly excessive" shifting time.
ASBATANKVOY -- LINES -- CARGO -- TERMINAL -- BERTH -- PARCEL -- CHARTER -- DEMURRAGE -- HEDGE LOSS -- FREIGHT -- Owner Award
Due to clogged Vessel lines, the Vessel could only receive the first cargo parcel at a much slower rate than the terminal’s potential output. So, fearing additional slowdowns, the terminal forced the Vessel off berth to clean her lines before loading a second parcel and simultaneously chartered another vessel to load the third parcel. The Owner drafted a demurrage claim for off berth cleaning time while the Charterer counterclaimed for hedge loss, reduced market value, and freight compensation.
ASBATANKVOY -- GENERATOR -- DISPORT -- PUMP -- TERMINAL -- COAST GUARD -- ARBITRATION -- BERTH -- Charterer Award
Because the Vessel’s generator was damaged en route to disport, the Owner wanted to revise the discharge process in order to compensate for lost pumping power. The terminal wanted US Coast Guard approval for the new procedure before pumping was allowed. The USCG subsequently rejected the Vessel and the Owners began arbitration to recover demurrage expenses for de-berthing and re-berthing delays.
LAYCAN -- CHARTER PARTY -- LOADPORT -- LAYDAY -- BERTH -- DEMURRAGE -- ETA -- REFINERY -- DAMAGES -- Partial Owner Award
Because the Owners advised the Charterers that the Vessel would arrive within laycan, the Charterers did not terminate the charter party before the cancellation date. The Vessel then arrived at loadport after the last layday and likewise incurred berthing delays which the Owners claimed as demurrage. The Charterers blamed the delay on the Owners’ failure to produce a good faith ETA and counterclaimed for refinery damages from the late delivery.
VEGOILVOY -- ARBITRATION -- DEMURRAGE -- ARBITRATOR -- Owner Award
This shortened arbitration dispute arose from the Charterers neglecting to respond to any of the Owners’ requests for demurrage payment. The Charterers did not respond to arbitration proceeding nor nominate an arbitrator.
ASBATANKVOY -- ARBITRATION -- BERTH -- TERMINAL -- PIPELINE -- MANIFOLD -- Charterer Award
This arbitration centered upon the slow load rate at the Vessel’s second berth. The Charterers claim that this rate was faulted by shipside flow restrictions basis the high pressures in the terminal pipeline. The Owners, however, argue that the flow restriction could have been avoided if, instead of using only one hose, the terminal utilized the Vessel’s full range of manifold connections.
ASBATANKVOY -- DEMURRAGE -- LOADPORT -- STRIKE -- SLOWDOWN -- Owner Award
The Owners filed a demurrage claim for the extensive delays at loadport. The Charterers argued that a recent workers strike out of their control caused the loading slowdown, and therefore, all demurrage should either be rescinded or reduced to 50% demurrage.
ASBATANKVOY -- ARBITRATION -- CHARTER PARTIES -- WEATHER -- STORM -- BERTH -- PUMP WARRANTY -- WHARFAGE -- Partial Charterer Award
This arbitration encompasses several different disputes which arise from multiple charter parties. The points of contention include the application of the 50% weather delay exception at berth, the Owner’s failure to meet the pump warranty, an occupied berth upon arrival, and the responsibility of wharfage fees during discharge.
ASBATANKVOY -- ARBITRATION -- VOYAGE -- DEMURRAGE -- PUMP -- DISPORT -- LAYTIME -- NOR -- LOADBERTH -- Partial Owner Award
The Owners were forced to start arbitration against the Charterers after they refused to pay the voyage’s demurrage claim. The Charterers denied liability basis the Trinidad Daylight Docking Rules, excess pumping time at disport because of Vessel’s low pressure, the 6H laytime credit after NOR tender, and laytime credit at loadberth for USCG inspection.
ASBATANKVOY -- DEMURRAGE -- ARBITRATION -- INTEREST -- Owner Award
Once a demurrage sum was agreed upon, the Charterers confirmed that payment would follow. However, after nine months of no response to their invoices, the Owners began arbitration to recover the demurrage amount plus interest and legal fees.
