2026 Maritime Digest of Arbitration Awards and Court Rulings
EXXONMOBILVOY2005 – DEMURRAGE – DELAY DUE TO FOG – WHETHER GALENA PARK A PORT OR IN THE PORT OF HOUSTON – WHETHER HOUSTON SHIP CHANNEL A RIVERPORT – RIVERPORT CLAUSE – DISPUTE OVER BURDEN OF PROOF – Charterer Award
When charterer deducted fifty percent of a delay due to fog basis an exceptions clause, owner countered that the Houston Ship Channel was a riverport and thus the “Riverport(s) Clause” applied with the weather delay subsequently counting in full. In addressing this question, the Panel also advised as to where the burden of proof would lie and whether Galena Park was a port.
CLAIM FOR DETENTION – ASSESSMENT OF ACTUAL LOSS – WHETHER DEMURRAGE RATE USED FOR CALCULATION OF DAMAGES TO BE GROSS OR NET OF COMMISSION
After sitting at the agreed upon discharge port for an extended period charterer directed the vessel to a disport not included in the fixture recap. Upon the ultimate completion of discharge owner presented charterer with a claim for detention which utilized the agreed demurrage rate. The panel would be tasked at both determining the validity of the claim and the appropriate rate to be used.
NYPE – CRANE BREAKDOWN – OFF HIRE – LASHING MATERIALS – SHORE CRANE HIRE – BURDEN OF PROOF – PROVISION OF ORIGINAL INVOICES VERSUS PDF’s When one of the Vessel’s cranes couldn’t be used, charterer asserted the vessel was off hire and claimed for costs. Owner countered that as no time was lost the vessel...
TIME CHARTER – GULF OF ADEN TRANSIT, YEMEN DISCHARGE – PREMIUMS AND WAR RISKS – ARMED GUARDS – CREW BONUS – CHARTERER CLAIMED CULPABLE DELAY
After discharging in Yemen, the shipowner claimed for additional premiums, armed guards, the armed guards’ meals, expenses related to a crew change, and crew bonuses. The charterer rejected these charges, claiming that the charges were due to a culpable delay on the owner’s part.
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.
TIME CHARTER – VESSEL CRANE FAILURE – UNABLE TO USE 1 HOLD ON THE SHIP – CHARTERER WITHHELD A PROPORTIONATE SHARE OF HIRE – OWNER BELIEVED HIRE DUE IN FULL – CHARTERER GOING OUT OF BUSINESS – PARTIAL AWARD FOR SECURITY Although continuing to trade, due to a crane breakdown onboard a time chartered vessel...
BPVOY4 – “ALL INCLUSIVE” FREIGHT COVERING ALL COSTS OF VOYAGE – RIVER BERTH REQUIRING STANDBY TUGS
Afforded a range of ports within the fixture recap, Charterer directed the Vessel to a river berth wherein due to high current, standby tugs were required. Owner claimed the cost of the standby tugs from Charterer. Charterer pointed to freight being “ALL INCLUSIVE” and thus covering all costs of the voyage inclusive of standby tugs.
NYPE – INORDINATE AND INEXCUSABLE DELAY AFTER COMMENCEMENT OF ARBITRATION – ARBITRATION ACT OF 1996 – APPLICATION FOR DISMISSAL DUE TO WANT OF PROSECUTION – LIMITATION PERIOD – APPLICATION TO APPEAL TO HIGH COURT
Damage claims arose after the collapse of a crane on board a vessel. Arbitration commenced two years later however no submissions were made until nearly 12 years after the incident. Charterer applied to have the claim dismissed for want of prosecution by owner. The panel agreed with charterer and owner applied to the High Court for a chance to appeal.
VESSEL ORDERED TO ANCHOR OUTSIDE “PORT LIMITS” BY PORT AUTHORITY – DEFINITION OF “PORT LIMITS” – WHETHER VESSEL CONSIDERED GEOGRAPHICALLY READY TO TENDER NOR WITHIN THE CONTEXT OF C/P – DEMURRAGE
A vessel arrived off of the load port and was instructed by the port authority to anchor outside the port limits to await berth availability. The Court was tasked at determining whether the vessel was geographically ready for the purposes of tendering notice of readiness. The Court also looked at the definition of “port limits”.
DEMURRAGE – DETENTION – WHETHER VESSEL IN BREACH OF PUMP WARRANTY – WHETHER OWNER SHOULD BEAR EXTRA SHIFTING EXPENSES INCURRED WHEN THE VESSEL WAS ORDERED OFF THE DOCK DUE TO SLOW DISCHARGE – DELAY AWAITING DOCUMENTS AT DISPORT
Due to a slow discharge rate, the vessel was forced off her berth by port authorities. And after hoses disconnected at the disport, the vessel was delayed in departing for over 4 hours whilst awaiting documents onboard. Charterer denied Owner’s subsequent claims for demurrage, additional shifting expenses, and detention leading to this arbitration.
