Grupo TMM, SA de CV v. Resirene SA de CV (The “Silver Wind”) – SMA No. 4091, 30 Sep 2010

ASBATANKVOY -- SHORTAGE AND CONTAMINATION -- DAMAGES SET-OFF AGAINST DEMURRAGE -- Partial Final Award When Vessel suffered a lengthy breakdown at Charterer’s supplier’s berth, Charterer withheld demurrage payment whilst claiming damages from Owner. Citing an earlier Court decision, the Panel ruled that "Unless there are explicit and clear provisions in the Charter Party permitting deductions from freight, Shipowner is entitled to freight regardless of Charterer’s claim for damage, shortage and contamination."
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