Interoceanic Corporation v Helm Dungemittel GMBH and Helm Fertilizer Corp. – SMA 4305, March 3, 2017

FOB SALE – VESSEL ARRIVING LATE – SECOND VESSEL NOMINATED – CONTRACT AMENDED FOR NEW LAYCAN – PRODUCER’S MARKETER CLAIMED DAMAGES FOR ALLEGED EFFORTS TO AVOID PLANT SHUTDOWN – BUYER CLAIMED FOR DEMURRAGE AND DAMAGES DUE TO MISSED OPPORTUNITY

A contract was fixed for the sale of ammonium sulfate to be loaded in Pasadena, Texas. After the originally nominated vessel was to miss the laycan, a replacement vessel was nominated. The contract was then re-negotiated with a new window and cargo quantity. Later, the producer’s marketer claimed for damages incurred when several barges were loaded to avoid a plant shutdown. The buyer claimed for demurrage and damages due to a missed opportunity.