2026 Maritime Digest of Arbitration Awards and Court Rulings
PARTIAL FINAL AWARD – TIME BAR – HAGUE-VISBY RULES – COGSA – TRANSSHIPMENT – INDEMNITY – WHETHER CLAIM WAS RELATED TO CARGO DAMAGES OR INDEMNITY – UNSEAWORTHY Under a voyage charter the vessel became disabled whilst proceeding to the discharge port. Charterer incurred costs relating to salvage and transshipment of the cargo and claimed the...
DEMURRAGE – AMENDED FINAL AWARD – NO OBJECTION TO CLAIM – NO RESPONSE FROM RESPONDENT Owner initiated arbitration proceedings against Charterer over an unpaid demurrage amount. Charterer issued no response or objection to the claim. [dropcap]B[/dropcap]BC Chartering Carriers GmbH Co. KG (hereinafter, “Owner”) claimed the demurrage balance from The Shopping Metal USA, Inc. (hereinafter, “Charterer”)...
DEMURRAGE – LATE PAYMENT – SOLE ARBITRATOR – RESPONDENT FAILED TO RESPOND TO CLAIMS Keytrade Africa SA claimed for demurrage and interests on late payments against Asbita Sarl when they failed to submit payment before the date specified in their Settlement Agreement. [dropcap]K[/dropcap]eytrade Africa SA (hereinafter, “Keytrade”) entered into an Assignment Agreement with Keytrade AG...
DEMURRAGE – TIME BAR – CONTRACT OF AFFREIGHTMENT – WHETHER BROKER IS AGENT OF OWNER OR CHARTERER – INTERMEDIATE BROKER – CONSEQUENTIAL DELAYS When Owner claimed demurrage with respect to eight voyages Charterer contended that seven of those were time-barred. The claim documents were sent to broker “D” who did not send them to the...
PARTIAL FINAL AWARD – LA 4/19 – HIRE DEDUCTIONS – WHETHER CHARTERER HAD REASONABLE GROUNDS TO DEDUCT FROM HIRE Owner claimed for hire amount deducted by Charterer stating the Charterer offered no reasonable grounds to make that deduction. [dropcap]T[/dropcap]his arbitration follows the award made in London Arbitration 4/19. The result of that arbitration was that...
UNPAID HIRE – DEDUCTIONS TO HIRE – CHARTERER SETTLING WITH CARGO RECEIVER – CARGO CLAIM – INTER-CLUB NEW YORK PRODUCE EXCHANGE AGREEMENT – UNSEAWORTHINESS Owner claimed for unpaid hire from Charterer after Charterer had deducted it on the basis that the Charterer had to settle with the cargo receiver due to a delay in the...
DEMURRAGE – SALES CONTRACT – TERM CONTRACT – TIME BAR – WHETHER DEMURRAGE IS INDEMNITY OR FREE-STANDING – CONTRACT OF AFFREIGHTMENT – COA Seller claimed for demurrage and other sums against Buyer, which the Seller named incorrectly in the claim. Buyer contended that the demurrage claim was time-barred under the contract of affreightment provision to...
REPUDIATORY BREACH – WAIT FOR ORDERS CLAUSE – WFO – DAMAGES DUE TO EARLY TENDERING OF NOR – NOTICE OF READINESS – SUPPLY CONTRACT – WARRANTED SPEED Charterer suffered losses resulting from an early tendered notice of readiness. Owner contended that the Charterer was not in its rights to delay the voyage as it had...
CHARTER PARTY – REPUDIATORY BREACH – FAILURE TO PROVIDE CARGO – DEMURRAGE – DAMAGES FOR LOSS OF PROFIT Owner claimed demurrage and damages from loss of profit after Charterer failed to provide cargo at loading port resulting in a repudiatory breach of the charter party. [dropcap]U[/dropcap]nder a fixture note using the Gencon 1994 form the...
DEMURRAGE – SUBSTITUTE CHARTER PARTY – UNPAID FREIGHT – WHETHER OWNER CAN DELAY DISCHARGE OPERATIONS – POSSESSORY LIEN When Owner entered a substitute charter party upon the Original Charterer’s failure to pay freight the Substitute Charterer signed the fixture recap of the original charter. The question is whether the terms of the original charter pertain...
