Horizon’s Edge Excursions, LLC. v. H. Dewayne Williams (The “Stolt Azalea”) – SMA No. 4012, 19 Sep 2008
ASBATANKVOY — WHETHER BERTH CONGESTION IS BEYOND CHARTERER’S CONTROL — NOTICE OF READINESS PRIOR TO FREE PRATIQUE — PRORATED LAYTIME — Owner Award
Charterer attempted to dispute Owner’s demurrage claim on the basis that berth congestion was a condition beyond charterer’s control per ASBATANKVOY Clause 6, time cannot commence until the vessel is in free pratique, and time spent simultaneously discharging another charterer’s cargo should be prorated.
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