Category: U.S. Maritime Cases
DUE DILIGENCE – SAFE PORT SAFE BERTH WARRANTY – OIL SPILL – THIRD PARTY DAMAGES – SINGLE-POINT MOORING BUOY – PARTIAL FINAL AWARD Owner claimed against Charterer for hire and indemnity from a pollution incident during discharging operations. The basis of the Owner’s claim was the Charterer failed to exercise due diligence in nominating a safe berth. This partial final award determined the result of the indemnity claim. [dropcap]U[/dropcap]nder a time charter party on the Shelltime form with amendments, LR Mimosa Limited (hereinafter, “Owner”) entered into a charter of the M/T MIMOSA (hereinafter, “Vessel”) with Panamax International Shipping Company (hereinafter,...
PARTIAL FINAL AWARD – TIME BAR – HAGUE-VISBY RULES – COGSA – TRANSSHIPMENT – INDEMNITY – WHETHER CLAIM WAS RELATED TO CARGO DAMAGES OR INDEMNITY – UNSEAWORTHY Under a voyage charter the vessel became disabled whilst proceeding to the discharge port. Charterer incurred costs relating to salvage and transshipment of the cargo and claimed the amounts from the Owner and disponent owner. Owner contended that the claims were time-barred under COGSA and the Hague Rules. [dropcap]A[/dropcap]DM International Sarl (hereinafter, “ADMI”) claimed against FEDNAV International Ltd. (hereinafter, “FEDNAV”) and Reederei M. Lauterjung GmbH and Co. (hereinafter, “Owner”) for a dispute involving...
DEMURRAGE – AMENDED FINAL AWARD – NO OBJECTION TO CLAIM – NO RESPONSE FROM RESPONDENT Owner initiated arbitration proceedings against Charterer over an unpaid demurrage amount. Charterer issued no response or objection to the claim. [dropcap]B[/dropcap]BC Chartering Carriers GmbH Co. KG (hereinafter, “Owner”) claimed the demurrage balance from The Shopping Metal USA, Inc. (hereinafter, “Charterer”) after the Charterer failed to pay the outstanding balance within the time allocated by the charter party under the Gencon form. The demurrage amount in question totaled $13,265.62. Under the provisions of the charter party the dispute was to be conducted using the Shortened Arbitration...
DEMURRAGE – LATE PAYMENT – SOLE ARBITRATOR – RESPONDENT FAILED TO RESPOND TO CLAIMS Keytrade Africa SA claimed for demurrage and interests on late payments against Asbita Sarl when they failed to submit payment before the date specified in their Settlement Agreement. [dropcap]K[/dropcap]eytrade Africa SA (hereinafter, “Keytrade”) entered into an Assignment Agreement with Keytrade AG wherein they took all rights and obligations from Keytrade AG to pursue a claim against Asbita Sarl (hereinafter, “Asbita”) for demurrage with respect to two voyages. The claims were the result of late demurrage payments and interests accrued during the discharging operations of the two...
REPUDIATORY BREACH – WAIT FOR ORDERS CLAUSE – WFO – DAMAGES DUE TO EARLY TENDERING OF NOR – NOTICE OF READINESS – SUPPLY CONTRACT – WARRANTED SPEED Charterer suffered losses resulting from an early tendered notice of readiness. Owner contended that the Charterer was not in its rights to delay the voyage as it had entered into a supply contract and endorsed the bills of lading with another party, and had such transferred the rights and terms of the charter. [dropcap]L[/dropcap]ukoil Pan Americas, LLC (hereinafter, “Charterer”) filed claims against Methanol Holdings Trinidad Limited disponent owner (hereinafter, “Owner”) of the MT...
VOYAGE CHARTER PARTY – DETENTION – SAFE PORT – SAFE BERTH – PORT OF HOUSTON Under the auspices that the Port of Houston was an unsafe port when the Vessel could not depart its discharge berth after a tug sank in the ship channel, Owner claimed detention. Charterer contended that the contractual agreement ended upon the completion of discharge and disconnection of the hoses and that the accident in the ship channel was abnormal, unexpected, and beyond Charterer’s control. [dropcap]L[/dropcap]exmar Corporation of Liberia (hereinafter, “Owner”) claimed detention to the amount of $90,077.48 plus interest from Tricentrol Oil Trading Inc. (hereinafter,...
DEMURRAGE – SUSPENDED LAYTIME – TAKING ON LUBE / SPARES – INTERNAL STRIPPING – PUMP WARRANTY – INTEREST – ASDEM PUMPING PERFORMANCE FORMULA Upon receipt of Owner’s demurrage claims, charterer deducted time whilst Vessel loaded lube and spares, internal stripping during discharge, and a deduction for failing to discharge within the warranted 24 hours or maintain an average of 100 PSI at the manifold. [dropcap]T[/dropcap]his arbitration was initiated by Blue Fin Tankers Inc. (hereinafter, “Owner”) against Tesoro Far East Maritime Company SA (hereinafter, “Charterer”) in regards to disputes over demurrage claims with respect to three voyage charters. The charters were...
PARTIAL FINAL AWARD - ARREST AND ATTACHMENT OF VESSEL - MARITIME LIEN - DEFAULT IN HIRE - UNSEAWORTHY
The vessel was denied entry into a prior port for other charterers’ accounts which subsequently delayed her arrival at charterer’s disport. The panel was tasked to determine the party at fault for the delay and whether demurrage and other damages for barges awaiting the vessel at charterer’s disport for transshipment purposes were to be considered as consequential.
NORGRAIN 1973 - FIRE - NORGRAIN EXCEPTIONS CLAUSE - IMPRACTICALITY - REPUDIATED / CANCELLED CHARTER PARTY
Due to a cargo elevator, allegedly needed in order for a vessel to discharge bulk cargo, being unavailable due to fire, Charterer cancelled the charter party due to commercial impracticality and a clause in the C/P.
AMWELSH - CANCELLED / REPUDIATED CHARTER PARTY - MITIGATED LOSSES - BALLAST VOYAGE - SUBSTITUTE EMPLOYMENT - POSITIONING VOYAGE
Upon cancelling the charter party during loading Charterer instructed Owner to mitigate losses by seeking other cargos. Owner repositioned the original vessel and had a sister ship sail a ballast voyage to the delivery location of the follow on time charter of the original ship. Owner claimed for lost income and bunker costs due to repositioning.
