Enron Gas Liquids, Inc. v. Petroleo Brasileiro SA “Petrobras” (The “Gas Enterprise” and “Hudson River”), SMA No. 3315, 31 Oct 1996

ASBATANKVOY -- ARBITRATION -- DEMURRAGE -- LAYTIME -- BERTH -- CHARTER PARTY -- VOYAGE -- Buyer Award This arbitration centered upon two separate claims for demurrage. In the first case, the Buyer and Seller agreed that laytime would begin upon berthing if the Vessel was late. But because the Vessel did not arrive on time, it was given an unfavorable berth rotation with no Buyer repercussion, which the Sellers now claim as demurrage. The second dispute was over whether a legal charter party existed for the voyage.