Marbulk Shipping, Inc. v. Martin Marietta Materials, Inc. (The “Bahama Spirit”) – SMA No. 3849, 4 Jun 2004

CONTRACT OF AFFREIGHTMENT -- BERTH -- DISPORT -- DREDGE PIPE -- CHANNEL -- GROUNDING -- ARBITRATION -- UNSAFE BERTH -- Charterer Award While moving to berth at disport, the Vessel ran aground on an abandoned dredge pipe in the navigation channel. The Owner followed suit with an arbitration charge for the damages sustained in the grounding, claiming that the Charterer had breached the safe berth warranty. The Charterer counterclaimed that the Owner faulted the grounding citing the Owner’s frequent usage of the port in the past as well as the lack of prior Owner proof that the berth was unsafe.