Dorval SC Tankers Inc. v SeaRiver Maritime, LLC, (The “GOLDEN AUSTRALIS”) – SMA No. 4465, 7 September 2023

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EMVOY 2012 - WITHHELD SAMPLES - SAMPLE CONTAMINATION - JOINT SAMPLE TESTING - ARBITRABILITY - CAUSE OF CONTAMINATION An Owner and Charterer entered into a Contract of Affreightment (COA) for the transportation of bulk chemical products from Singapore to Australia. Sampling at the discharge revealed water droplets and cloudiness in the cargo. The Charterer withheld samples from the discharge from joint testing that was requested by the Owner to determine the cause of contamination.
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