Category: U.S. Maritime Cases

U.S. Maritime Cases

Phoenix Bulk Carriers BVD Ltd v Triorient LLC (The “MV Pretty Lady”) – SMA 4373, 27 Sep 2019

DETENTION – FORCE MAJEURE – DAMAGES – MITIGATION – CANCELLED C/P

When Charterer’s supplier failed to provide its cargo due to Charterer’s attempt to re-negotiate the sale, Charterer was forced to cancel its C/P with the lifting vessel’s owner. Owner then endeavored to mitigate the damages via an internal fixture amongst a rising freight market.

U.S. Maritime Cases

Ardmore MR Pool LLC (Ardmore Shipping) v Orient Source (HK) Ltd. (The “Ardmore Sealancer”) – SMA No. 4372, 22 Jul 2019

ASBATANKVOY – NAMED PORT – NAMED BERTH – Q88 – FOREIGN FLAG RESTRICTION – INVALID NOR – CARGO AVAILABILITY – DEADFREIGHT – DEMURRAGE – ADDRESS COMMISSION

When Charterer was either unable to provide a cargo or Vessel was not allowed admittance to the load port due to its flag, Owner cancelled the charter party and claimed for deadfreight and demurrage. It was also noted that the Vessel may have tendered a premature NOR from just outside the load port.

U.S. Maritime Cases

MUR Shipping BV v Cathagrow International Ltd. (The “African Jay”) – SMA No. 4371, 15 Jul 2019

BEIZAI 1991 – EQUIPMENT FAILURE – UNION SAFETY INSPECTION FAILURE – DEMURRAGE – DAMAGES

When the crane sheaves on the vessel failed the longshoremen’s inspection, time was lost when attempting to resolve the issue with the Owner ultimately choosing to have the sheaves machined.  Owner claimed demurrage and the cost of the machining from Charterer.

U.S. Maritime Cases

Cargill Incorporated, Ocean Transportation v. Triorient LLC (The “Josco Huizhou”) – SMA No. 4416, 11 Nov 2020

OWNER/CHARTERER – POTENTIAL FORCE MAJEURE – CARGO NOT SUPPLIED – OWNER TERMINATED CHARTER – OWNER CLAIMED BREACH AND REPUDIATION – OWNER AWARD

After awaiting Charterer’s cargo for ~2+ months and not receiving a satisfactory answer as to when it would be provided, Owner terminated the Charter, claiming that the Charterer was in breach and repudiation of the agreement. The Owner then brought a case to arbitration, once the Charterer did not respond to the claims that were submitted to them regarding the incident.

U.S. Maritime Cases

Star Tankers, Inc. v Citgo Petroleum Corporation (The “DS Promoter”) – SMA No. 4399, 7 Aug 2020

OWNER/CHARTERER – DEMURRAGE – U.S. SANCTIONS AGAINST VENEZUELA – PARTY RESPONSIBLE FOR OFAC LICENSE – OWNER AWARD

Owner submitted four undisputed invoices to the charterer, regarding a voyage from the U.S. to Venezuela. The Charterer refused to attempt payment of the invoices, contending that an OFAC License may be needed in order to allow the transfer of funds due to sanctions against Venezuela. Arbitrators were asked to determine if an OFAC License was needed, and if so, which party was responsible for acquiring the Licence.

Archive / U.S. Maritime Cases

Transunisa Shipping S.A. de. C.V., as voyage Charterer, and Searail de Mexico SA de CV as Supplier – SMA 4379

BOOKING CANCELLATION – DEADFREIGHT – WHETHER CHARTERER CAN PASS DEADFREIGHT COSTS TO SUPPLIER The supplier in question unilaterally canceled the booking agreement with their charterers whilst the vessel was already on approach to the load port. This cancellation was the direct cause of dead freight incurred by the Charterer – which was subsequently passed to the Supplier. The Charterer was later awarded the dead freight, interest, owner’s fees, and arbitration fees.
To access this content, you must either Log In or Subscribe.

Archive / U.S. Maritime Cases

Koyo Kaiun Co. Ltd., as Claimant-Owner of the MT Clarice, MT Amelia, MT Xena and Liquistream Americas Inc. as Respondent – SMA 4347

DEMURRAGE – TIME BAR – DOCUMENTARY REQUIREMENTS – STATEMENT OF FACTS – PORT LOGS – PARTIAL FINAL AWARD  Owner claimed demurrage against Charterer, who contended that the claims were time-barred per clauses added by Charterer to the charter fixtures.  This partial final award covered three separate demurrage claims that were consolidated into a single proceeding. Koyo Kaiun Co. Ltd. (hereinafter, “Owner”) claimed against Liquistream Americas Inc. (hereinafter, “Charterer”), who contended that the claims were time-barred per the agreed contract. The main dispute of this partial final award was whether the claims are time-barred, and not the specifics of the amount...
To access this content, you must either Log In or Subscribe.

Archive / U.S. Maritime Cases

Norstar Shipping and Trading Ltd., Disponent Owner, and Ravago LM Pte Ltd., Charterer, Under a Voyage Charter Party, dated, October 7, 2016, of the M/T UACC DOHA – SMA 4350

DEADFREIGHT – VOYAGE CHARTER – FORCE MAJEURE – WHETHER CHARTERER LIABLE FOR DEADFREIGHT AFTER FORCE MAJEURE EVENT Owner claimed deadfreight after Charterer was unable to load a complete quantity of cargo at the loading port due to a fire. Charterer contended that the fire at the loading port constituted a force majeure event, and as such they were not liable for deadfreight incurred as a result.  Norstar Shipping and Trading Ltd. (hereinafter, “Owner”) claimed for deadfreight amounting to $102,640.28 against Ravago LM Pte Ltd. (hereinafter, “Charterer”). The Owner entered into a space voyage charter on the Asbatankvoy form using the...
To access this content, you must either Log In or Subscribe.

Archive / U.S. Maritime Cases

Odfjell Tankers as Owner and Ravago LM Pte Ltd. as Charterer of the MT BOW TRAJECTORY – SMA 4355

DEMURRAGE – OFF-SPECIFICATION OF CARGO – INERTING SYSTEMS – DELAY TO DISCHARGE CARGO  Upon arrival at the first discharge port the cargo was determined to be off-specification. Due to this the Vessel accrued demurrage which the Owner claimed against the Charterer. The Charterer contended that the Owner was liable for the deterioration of the cargo and thus the subsequent delay and demurrage.  Odfjell Tankers (hereinafter, “Owner”) entered into a charter party under the Asbatankvoy form with Ravago LM Pte Ltd (hereinafter, “Charterer”) for the transport of 10,000 mt Mono Ethylene Glycol (MEG) on the MT BOW TRAJECTORY (hereinafter, “Vessel”) from...
To access this content, you must either Log In or Subscribe.

Archive / U.S. Maritime Cases

MTM Trading LLC, as Disponent Owner of the MTM SANTOS and Tricon Energy Ltd., as Charterer – SMA 4356

DEMURRAGE – ICE CONDITIONS – SAFE BERTH – ICE CONVOY  Owner claimed demurrage from Charterer arising from a delay to proceed to berth due to ice conditions. The delay resulted from the Owner invoking an ice clause in the charter party stating that the Vessel would never be required to follow ice breakers. Charterer contended that the Owner did not exercise this clause reasonably.  This arbitration involved MTM Trading LLC (hereinafter, “Owner”) claiming demurrage amounting to $403,943.87 against Tricon Energy Ltd. (hereinafter, “Charterer”). Owner chartered the vessel MTM SANTOS (hereinafter, “Vessel”) under the Asbatankvoy form to ship 15,000 mt of...
To access this content, you must either Log In or Subscribe.