Category: U.S. Maritime Cases
BALTIMORE BERTH GRAIN FORM - DEVIATION - LATE LOAD PORT NOMINATION - DEADFREIGHT - LT ALLOWANCE - ALWAYS AFLOAT
Several disputes arose between an owner and charterer concerning a cargo delivery that took place from Texas to Columbia. This included a deviation claim arising from a late port nomination and a short load due to draft at the public elevator. The owner had attempted to prevent the issue by requesting a change in load port rotation, but this never came to fruition. The owner contended that the charterer failed to provide a berth whereat the vessel could load always afloat, and charged deadfreight for the unloaded quantity. A dispute also arose over whether laytime allowance should be received were deadfreight to be paid.
VALIDITY OF NOR TENDERED PRIOR TO FREE PRATIQUE AND CUSTOMS CLEARANCE AND WITH STOWAWAYS ONBOARD - OWNER’S OBLIGATION TO DISCLOSE PRESENCE OF STOWAWAYS - WHETHER PANAMA CANAL EXPENSES DUE TO OVERLOADING FOR OWNER’S OR CHARTERER’S ACCOUNT
Under a COA a vessel was nominated to carry coal from Colombia to Chile. Due to not yet having obtained free pratique and customs clearance, and whilst having stowaways onboard, Charterer argued that the NOR tendered at load was invalid. During transit to the disport the vessel was found in breach of Panama Canal draft restrictions and incurred unexpected expenses due to overloading which each party believes to be for the other party’s account.
INTERIM PORT - LIGHTERING - DEMURRAGE - TIME BAR - WORLDSCALE
A demurrage claim presented by owners was rejected due to charterers belief that the time in question was to be considered an interim port.
COMMENCEMENT OF LAYTIME - WHETHER SHINC TERM TRUMPS OFFICE HOURS - DESPATCH
After NOR was tendered and loading commenced on a Sunday, the Owner and Charterer disputed when laytime commenced. Owner noted the laytime allowance referenced “shinc” allowing for laytime to commence on Sunday whereas charterer noted NOR was only to be tendered Monday through Friday.
ASBATANKVOY – PORT CHARTER VERSUS BERTH CHARTER – DELIVERED SALE
PORT VS. BERTH CHARTER - RIVER PORT - WHEN VESSEL CONSIDERED ARRIVED - COAST GUARD RESTRICTING TRAFFIC - COLLISION - DEMURRAGE - LAYTIME
Upon arrival in Argentina the vessel could not proceed to charterer’s port due to wreckage salvage operations taking place on the Paraná River. Owner started counting laytime basis a notice of readiness tendered outside the commercial confines of charterer’s port; the sole disport named in the fixture. Contending that the charter party was a berth charter, Charterer disputed the time at which the vessel was to be considered an arrived ship.
ASBATANKVOY - ADVERSE WEATHER OR NIGHTTIME TRANSIT RESTRICTION – DEMURRAGE CLAIM SHORT PAID WITHOUT OWNER’S AGREEMENT - Owner Award
Charterer and owner disagreed as to whether the root cause of a delay was a nighttime transit restriction or weather related subsequently warranting a 100% or 50% deduction respectfully. Charterer ended up short paying the owner’s claim and considering the case closed. The owner brought arbitration for the remainder.
BUNKER SUPPLY CONTRACT – INCORRECT SULPHUR CONTENT PROVIDED – VESSEL DETOURED TO ACQUIRE PROPER FUEL – WHETHER BUNKER SUPPLIER RESPONSIBLE FOR DAMAGES – UCC VERSUS U.S. MARITIME LAW - WORKMANLIKE WARRANTY - Owner Award
The owner negotiated a contract for low sulphur fuel oil to be loaded at an agreed upon location. However the incorrect bunker fuel was supplied, preventing the vessel from traveling to a port on the voyage route. An alternate location was then chosen and the appropriate fuel was loaded. After the operation was conducted, the owners submitted a claim for damages against the bunker supplier.
SUMMARY JUDGMENT – CONSIGNEE’S LIABILITY TO CARRIER FOR DEMURRAGE/DETENTION AS SIGNER OF BILLS OF LADING – NOTIFY PARTY – ENDORSEMENT – BREACH OF CONTRACT – UNJUST ENRICHMENT – ACCOUNT STATED – Plaintiff Award The consignee failed to unload cargo from the vessel as the third party buyer was no longer in business. The cargo remained on the vessel as demurrage and detention fees accumulated. This action was brought before the court by carrier in an attempt to recover those damages from consignee basis a breach of contract by consignee, an account stated, and unjust enrichment. [dropcap]T[/dropcap]his dispute arose at the...
DISCHARGE ALLOCATION - SHORT LOADED CARGO - DRAFT SURVEYS - OWNER ACTING WITHOUT CONSENT OF CHARTERER - DETENTION - DEMURRAGE
The cargo was loaded aboard the vessel according to Charterer’s orders and in line with the initial discharge allocation. However, the shore reading and multiple draft surveys indicated a loading figure 265 MT less than the aggregate B/L figures. After sailing the load port Charterer amended the discharge port rotation as well as the discharge allocation of the cargo onboard. And after completion of operations at the first discharge port Charterer’s receiver complained that the quantity received was short ~200MT and threatened legal action if the remainder was not provided. The vessel eventually obliged and sailed for her second discharge port wherein the same situation arose. The panel majority found the Owner’s actions to be acceptable with the third arbitrator dissenting.
