Odfjell Seachem AS v. Cedar Petrochemicals Inc. (The “Bow Saturn”) – SMA No. 3880, 20 Apr 2005

ASBATANKVOY -- BARGE -- LOADPORT -- DEMURRAGE -- TERMINAL -- ARBITRATION -- ACT OF GOD -- DETENTION -- MITIGATE -- LATE CARGO -- BERTHING DELAY -- Owner Award After an initial barge loading failure at the original loadport, the Owner mitigated the Charterer’s demurrage and fixed the new loadport as the Owner’s terminal. The Vessel tendered NOR at the terminal, but was forced to wait three days for the Charterer’s barges to arrive because of rough seas and lock delays. The subsequent demurrage claim for the three day delay was refuted in arbitration by the Charterers on the grounds that the weather and lock detentions were out of their control, and therefore exempt from demurrage.