Q4 2021. Maritime Digest of Arbitration Awards and Court Rulings

English Maritime Cases

30 Oct, 2020

London Arbitration 23/19

TIME CHARTER – OFF-HIRE – WHETHER ANCHOR FOULED – VESSEL SEAWORTHINESS – DELAY TO BERTH
After receiving the berthing orders from Charterer, the time-chartered Vessel was unable to raise its anchor and proceed to berth for a limited period of time. Charterers then claimed that during this delay to berth that the Vessel was off hire. Owner claimed against Charterer for the unpaid hire/ damages, whilst Charterers denied liability and submitted a counterclaim against the Owner.

Archive / English Maritime Cases

30 Oct, 2020

London Arbitration 2/20

FIXTURE RECAP TERMS – AMENDED CLEAN GENCON 1994 CHARTERPARTY – MAIN AGREED TERMS – ARBITRATOR’S JURISDICTION – ARBITRATION PROVISIONS AND CLAUSES When disputes arose between the Owner and Charterer, Owners then appointed an arbitrator. Charterers in turn challenged the arbitrator’s jurisdiction, claiming that no agreed arbitration provision was included within the charterparty.
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Archive / English Maritime Cases

30 Oct, 2020

Alize 1954 and Another v Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”) – Court of Appeal (Flaux, Haddon-Cave and Males LJJ) [2020] EWCA Civ 293 – 4 March 2020

GENERAL AVERAGE – VESSEL GROUNDING ON UNCHARTED SHOAL – VESSEL SEAWORTHINESS – OWNERS OBLIGATION TO EXERCISE DUE DILIGENCE – VESSELS DEFECTIVE PASSAGE PLAN – OWNERS APPEAL – Charterer Award In an appeal over the cargo interests being found not liable to contribute to the general average after the Vessel was grounded, the Court of Appeal was called on to determine if the Vessel’s passage plan rendered the Vessel unseaworthy.
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Archive / U.S. Maritime Cases

27 Aug, 2020

Transunisa Shipping S.A. de. C.V., as voyage Charterer, and Searail de Mexico SA de CV as Supplier – SMA 4379

BOOKING CANCELLATION – DEADFREIGHT – WHETHER CHARTERER CAN PASS DEADFREIGHT COSTS TO SUPPLIER The supplier in question unilaterally canceled the booking agreement with their charterers whilst the vessel was already on approach to the load port. This cancellation was the direct cause of dead freight incurred by the Charterer – which was subsequently passed to the Supplier. The Charterer was later awarded the dead freight, interest, owner’s fees, and arbitration fees.
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Archive / English Maritime Cases

27 Aug, 2020

Quiana Navigation SA v Pacific Gulf Shipping (Singapore Pte Ltd (The “Caravos Liberty”) – QBD (Comm Ct) (Cockerill J) [2019] EWHC 3171 (Comm) – 21 November 2019

NYPE - TIME CHARTER - HIRE - ANTI-TECHNICALITY NOTICE (ATN) - BIMCO NON-PAYMENT OF HIRE CLAUSE - REPUDIATORY BREACH The charterer and the owner of a vessel got into a dispute over the alleged overconsumption of fuel. The appeal of the owner was later dismissed.
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Archive / English Maritime Cases

27 Aug, 2020

London Arbitration 16/19

DEMURRAGE – LAYTIME – NOTICE OF READINESS – LACK OF ANCHORS – RIVER NAVIGATION – WHETHER NOTICE OF READINESS IS VALID – ESCORTING TUGS – DELAY TO BERTH After previously losing one of it’s anchors in a storm, the pilot refused to navigate the vessel up river unless the Owner also hired an escort tug. This option was refused by Owners, ultimately delaying the vessel to the discharge berth.
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Archive / English Maritime Cases

25 Feb, 2020

Alianca Navegacao e Logistica Ltda v Ameropa SA (The “Santa Isabella”) – QBD (Comm Ct) (Andrew Henshaw QC sitting as a Judge of the High Court) [2019] EWHC 3152 (Comm) – 22 November 2019

Upon arrival at the disport, cargo damage was discovered which delayed discharge. Charterers argued they are not liable for the delays or damage to the cargo on the account of owners failing to properly care for the cargo or choose the “usual and reasonable route”. The key issues addressed for a decision were: choice of route, vessel speed/reasonable despatch, ventilation, re-infestation, quarantine, and delays in discharging.
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Archive / English Maritime Cases

25 Feb, 2020

Bilgent Shipping Pte Ltd v ADM International Sarl (The “Alpha Harmony”) – QBD (Comm Ct) (Teare J) [2019] EWHC 2522 (Comm) – 2 October 2019

Sub-Charterer cancelled the Sub-Charter on the grounds that although the NOR was tendered prior to the end of the cancellation date, the NOR was not tendered within the permitted hours denoted in the Sub-Charter. The charterer subsequently cancelled the Head Charter basis the same grounds.
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Archive / English Maritime Cases

25 Feb, 2020

Seatrade Group NV v Hakan Agro DMCC (The “Aconcagua Bay”) QBD (Comm Ct) (Robin Knowles J) [2018] EWHC 654 (Comm) – 26 March 2018

Owner claimed damages against the charterers for detention for the extensive delay leaving berth due to a damaged bridge and lock. Owners’ supported their argument by claiming charterers were in breach of the “always accessible” warranty found in the charterparty. The question for decision was if the warranty was to include both the arrival and departure to berth.
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